Tuesday, January 20, 2026

Lindh v Surman: Engagement Rings and Conditional Gifts

Must the donee of an engagement ring return the ring when the donor breaks off the engagement?

Should we ask who is at fault?

Does it matter who decided to break off the engagement?

Here are some approaches:


Should an engagement ring be treated as an unconditional gift or as a conditional gift? 

If it is treated as a conditional gift, when does the gift vest--Upon marriage – no matter who breaks off the engagement or the reasons why?

Should we apply a fault rule?

Or a no-fault rule?

Suppose the donor – usually the husband-to-be calls off the engagement? Should he get the ring back?