![]() March 3, 2014), the Court sets forth 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. If the engagement isn’t mutually broken the analysis is more complex and the result may be different. “The donor of the ring is entitled to its return where the engagement is mutually broken.” Machurek v. In Delaware, as in many other jurisdictions, the ring is a conditional gift. It is a replevin action requesting the return of personal property. An action remains, however, for the return of the ring. ![]() ![]() While Delaware law previously recognized an action for the breach of an agreement to marry, that cause of action was abolished decades ago. When that happens, many people wonder if there can be legal fallout between the couple. What do these couples have in common? They both called off their nuptials before the big day.
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