What is the test for returning an engagement ring?
British Columbia, Canada
The following excerpt is from Hitchcox v. Harper, 1996 CanLII 2031 (BC SC):
19 Resolution of this question, I think, involves a choice between conflicting authorities. The plaintiff relies upon Cohen v. Sellar, [1926] 1 K.B. 536. At p. 548, McCardie J. defined the law on this topic, in the following words: If the engagement to marry be dissolved by mutual consent, then in the absence of agreement to the contrary, the engagement ring and like gifts must, I think, be returned by each party to the other.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current state of the law on engagement rings? (British Columbia, Canada)
Is a plaintiff entitled to return his or her former employer's money? (British Columbia, Canada)
Does the phrase “entitled to ...” apply to a plaintiff who has returned to her previous employment and previous earnings? (British Columbia, Canada)
What is the judicial review approach used by a court engaged in judicial review? (British Columbia, Canada)
In what circumstances will a plaintiff be required by the engagement letter to resist the notice of reassessment? (British Columbia, Canada)
What is the test for a motion to prevent the return of a child from the custody of a parent who sexually abused the child? (British Columbia, Canada)
What are some cases where the court has ordered gifts returned? (British Columbia, Canada)
Can a police officer engage in a police pursuit when he has the opportunity to follow a stolen vehicle using an unmarked car? (British Columbia, Canada)
Is this a case where the threshold question does not engage in the entire merits of the case? (British Columbia, Canada)
Can a diocese be found in breach of fiduciary duty when an assistant priest engaged in sexual relations with a parishioner while counselling and advising her on personal matters? (British Columbia, Canada)
