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section 33 of the Marriage Act which provides“Where one person makes a gift to another in contemplation of or conditional upon their marriage to each other and the marriage fails to take place or is abandoned, the question of whether or not the failure or abandonment was caused by or was the fault of the donor shall not be considered in determining the right of the donor to recover the gift”If i have answered all your questions please accept the answer and provide positive feedback otherwise please ask additional questions and I will respond. Which means that the ENGAGEMENT ring should be returned to him. However, it should be noted that if he DOES not ask for it back in a timely fashion you won't have to give it back. You might also argue that he is the one who called off the relationship or as you have stated there was no PROPOSAL or CONDITION attached as you two never planned to get married
This makes sense. When he gave me the ring, he did not ask me to marry him, however, we did specify that the ring signifies commitment Since we are no longer committed to each other, due to me being afraid for my safety to live with him, does this still mean that i am in breach of contract with the ring?
well that would depend on what you would like to argue commitment means. It could be argued that you did COMMIT yourself to him, but that there was never a specified date that the commitment would be eternal or forever. Especially since domestic violence became a factor. Therefore, during the relationship you did commit to him and only him
Great! Thank you very much!
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