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Unformatted text preview: received a ring in
contemplation of marriage refuses to fulfil the
conditions of the gift she must return it.
(b) If a man has, without a recognised legal
justification, refused to carry out his promise of
marriage, he cannot demand the return of the
(c) It matters not in law that the repudiation of the
promise may turn out to the ultimate advantage
of both parties. A judge must apply the existing
law as to the limits of justification for breach.
(d) If the engagement to marry be dissolved by mutual
consent, then in the absence of agreement to the
contrary, the engagement ring and like gifts must
be returned by each party to the other.
Smart AJ went on to say:
A woman would also be able to raise a plea of legal
justification of her decision to refuse to carry out her
promise of marriage. There may be repudiatory conduct on the man’s part, for example, acts of violence
towards the woman or having a steady and sexual
relationship with another woman. In such circumstances the woman can probably keep the ring. Personal property used as a security
The Personal Property Securities Act 2009 (Cth) established a public Register of Person...
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- Three '12