A prior post examined who is entitled to retain an engagement ring when an engagement is mutually broken. In that instance, the person who gave the engagement ring as a gift is entitled to retain it if the marriage does not take place. But what happens if the engagement isn't mutually broken? An interesting decision issued by the Court of Common Pleas answers that very question.
In Walton v. Snow, C.A. No. CPU4-13-000791, Rennie, J. (March 3, 2014), the Court adopted the "fault approach." "Under the fault-based analysis, return of the ring depends on an assessment of who broke the engagement, which necessarily entails a determination of why that person broke the engagement." Id. at 10 (citations omitted). Under the fault approach, the recipient of the ring may retain it if the marriage does not take place, so long as he or she is not at fault. Id. at 11. This interesting, and precedential decision may be read in its entirety here.
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