Case Brief 11.2
Case 11.2 – Gifts and Gift Promises
Lester Cooper is the plaintiff and Smith is the defendant.
Lester Cooper and Julie Smith were engaged, Lester gave various gifts to both Julie & Janet Smith while living in Janet’s house. Later they had a disagreement causing the engagement to break off and Cooper desired his gifts given back. Julie gave back only the engagement ring. Cooper subsequently sued the Smith’s.
The defendant (Smith) won in the lower courts, so the plaintiff (Cooper) appealed the case.
The legal issue was that Cooper gave the gifts assuming that there would be a marriage from the engagement. Since the relationship failed, Cooper wished to take back what he had given Julie and Janet. Due to the nature of a gift promise, the items were not legally his because technically they lacked in legal consideration.
The defendant (Smith) won on the appeal.
The appellate court ruled that Julie was simply responsible for the return of the engagement ring. Since the engagement ring is given with the consideration that there will be a marriage, this is the promise exchanged for a good, and the marriage does not occur then Julie has to return the ring. The court ruled that the other items that Cooper bestowed on the Smith women were gifts of affection, since gift law does not allow the donor to rescind a gift once given the items Cooper gave are not able to be reclaimed by him. The court concluded that these gifts were irrevocable.
Lester Cooper is the plaintiff and Smith is the defendant.
Lester Cooper and Julie Smith were engaged, Lester gave various gifts to both Julie & Janet Smith while living in Janet’s house. Later they had a disagreement causing the engagement to break off and Cooper desired his gifts given back. Julie gave back only the engagement ring. Cooper subsequently sued the Smith’s.
The defendant (Smith) won in the lower courts, so the plaintiff (Cooper) appealed the case.
The legal issue was that Cooper gave the gifts assuming that there would be a marriage from the engagement. Since the relationship failed, Cooper wished to take back what he had given Julie and Janet. Due to the nature of a gift promise, the items were not legally his because technically they lacked in legal consideration.
The defendant (Smith) won on the appeal.
The appellate court ruled that Julie was simply responsible for the return of the engagement ring. Since the engagement ring is given with the consideration that there will be a marriage, this is the promise exchanged for a good, and the marriage does not occur then Julie has to return the ring. The court ruled that the other items that Cooper bestowed on the Smith women were gifts of affection, since gift law does not allow the donor to rescind a gift once given the items Cooper gave are not able to be reclaimed by him. The court concluded that these gifts were irrevocable.