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Issue Of Engagement Ring And Whether John Can Get It Back

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To: Jennifer Moore, Esc.
From: Joe Maletz
Date: 17th September 2015
RE: Issue of Engagement ring and whether John can get it back.

Legal Memorandum:
Facts: In Massachusetts law, John Smith and Patty Jones were engaged. John Smith proposed to Patty Jones on February 14th, 2014. Upon proposal, John presented Patty with a 2-carat diamond engagement ring. Three months ago from now, John Smith caught Patty Jones having an affair with Brian Wilkinson. Brian Wilkinson is a best friend with John Smith. John called off the engagement. John demanded that Patty return the engagement ring. Patty refused to return the engagement ring. Patty claims that it was a “gift” from John. John now wants to hire a lawyer to represent him in a potential lawsuit.

Legal Issue: John Smith and Patty Jones were engaged with full intentions to marry one another. John Smith presented Patty Jones with an engagement ring. Patty Jones believes and argues that John Smith gave the 2-carat diamond ring to her as an unconditional gift. An unconditional gift being a gift that is given to one person by another, with no expectation of anything in return. John Smith would argue that the engagement ring was given to her as a contract. This means that the ring was given as a contract to one day be married to one another. Which would make the affair a breach and break off the contract; therefore returning the ring back to John Smith
Legal Discussion: Assuming that everything John Smith has presented to
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