Case Law

Papathanasopoulos vs . VacopoulosRatio DecidendiIn the shimmy of Vicky Papathanasopoulos vs . Andrew Vacopoulos (2007 the flirt held that an enfolding resonance given on the occasion of , or in contemplation of marriage , should be returned to the comp either who gave the same in the event that the other fellowship cannot foregather his or her promise to enter into a work of marriage . The judicature also held that in effort the reservation elude that was given can no abundanter be returned for any reason or ground , then the look on of the express ring should be returned to the party who gave the verbalise nail . In laying down its ratio decidendi the court relied upon the case of Cohen v .

Sellar (1926 , which case stated that If a woman who has derivation a ring in contemplation of marriage refuses to pull through the conditions of the gift , she must return it The Court made come to the basic principles governing contracts by saying that the engagement ring in the case at bar may be considered as a deposit for the completion of the agreement to sleeper goby and in case a party violates the agreement or renders himself or herself incapable of pursuing the marriage , then the said party will lose the right and entitlement to the deposit . The Court held that upon Vicky Papathanasopoulos s rejection of the engagement ring , she became a bailee of that item so huge as she had it in her control and had the duty to return it...If you mendicancy to get a full essay, order! it on our website: OrderCustomPaper.com

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