Albinger v. Harris6/6/2002
r platinum setting holding a raised, brilliant-cut diamond, which has become the classic engagement ring style, was created by Tiffany's in the 1870s. Anne Ward et al., Rings Through the Ages (1981), at 198. DeBeers' launched its national advertising campaign in 1939 that promised: "A diamond is forever." Brinig, at 206. To cultivate a no-return custom in America, the cartel threatened to cut off supply to dealers who bought diamonds back from purchasers. Brinig, at 209. An interesting correlation exists between the mid-20th Century increase in demand for costly diamond engagement rings and the statutory changes by state legislatures to abolish the breach of promise action. Brinig, at 206. After the Second World War, expensive rings became not just symbols of love, but tangible economic commitments in themselves, and appear to have gained significance as other economic incidents of marriage were in flux. See Reva B. Siegel, Modernization of Marital Status Law: Adjudicating Wives Rights to Earnings, 1860-1930 (1994), 82 Geo. L.J. 2127, 2201-03. As courts closed to women seeking damages for breach of the promise to marry, the cost and the practice of giving engagement rings rose dramatically. Brinig, at 209. By the time Montana barred the breach of promise action, diamonds constituted over 80% of engagement ring sales. Brinig, at 205. Through the late 20th Century, rings remained personal tokens of affection; many couples who spurned the conventions of marriage still wore rings to bear witness to their union. Ward, at 146. Since 1980, however, engagement rings never exceeded 20% of diamond jewelry sales. Brinig, at 212.
This Court acknowledges the customary practice of presenting an engagement ring in conjunction with a promise to marry and we next examine the legal significance of that symbolic association in the context of Montana gift law.
Conditional Gift Theory
According to Montana law, "a gift is a transfer of personal property made voluntarily and without consideration." Section 70-3-101, MCA. The essential elements of an inter vivos gift are donative intent, voluntary delivery and acceptance by the recipient. Marens v. Newland (1962), 141 Mont. 32, 39, 374 P.2d 721, 724 (citing O'Neil v. O'Neil (1911), 43 Mont. 505, 511, 117 P. 889, 890). Delivery, which manifests the intent of the giver, must turn over dominion and control of the property to the recipient. In re Brown's Estate (1949), 122 Mont. 451, 459, 206 P.2d 816, 821. Such a gift, made without condition, becomes irrevocable upon acceptance. Marens, 141 Mont. at 36, 374 P.2d at 723; Fender v. Foust (1928), 82 Mont. 73, 78, 265 P. 15, 16; O'Neil v. O'Neil (1911), 43 Mont. 505, 511, 117 P. 889, 890. When clear and convincing evidence demonstrates the presence of the essential elements of donative intent, voluntary delivery and acceptance, the gift is complete and this Court will not void the transfer when the giver experiences a change of heart. See Gross v. Gross (1989), 239 Mont. 480, 781 P.2d 284 (father barred from revoking a gift of real property transferred to his son).
Another essential element of a gift is that it is given without consideration. Section 70-3-101, MCA. A purported "gift" that is part of the inducement for "an agreement to do or not to do a certain thing," becomes the consideration essential to contract formation. Sections 28-2-101 and 28-2-102, MCA. An exchange of promises creates a contract to marry, albeit an unenforceable one. Section 27-1-412(2), MCA. When an engagement ring is given as consideration for the promise to marry, a contract is formed and legal action to recover the ring is barred by the abolition of the breach of promise actions. Section 27-1-602, MCA.
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