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Dr. Bob, age 58, is a wealthy, attractive, and physically fit local surgeon who has never married. One day, while working out at a local health club, Dr. Bob meets Susie, who is extremely attractive and intelligent, with a doctorate from a prestigious institution. The two start dating, and Dr. Bob showers Susie with gifts such as a fur coat, television, VCR, jewelry, and works of art. After several months, they announce their wedding date, which is six months away. He gives her a lavish diamond engagement ring and continues to shower her with gifts like a personal computer, sports car, shares of stock, stereo system, microwave oven, and additional jewelry. They fly to Paris to celebrate their engagement, with Dr. Bob paying for the entire trip, although Susie offers to share the cost. On the wedding day, Dr. Bob is there, but Susie is a no-show. She has loaded up her gifts and moved to another town. Dr. Bob hires an investigator, who serves Susie with papers to rescind all the gifts Dr. Bob made or, if she does not have the items, to obtain the fair market value of the gifts. Susie maintains that there was intent and delivery, and because the gifts are executed, Dr. Bob cannot get them back. Susie has made a living doing this to men all over the country.

1. Should Susie be allowed to keep all of the gifts? What items, if any, should Dr. Bob get back or receive payment for? Use the law of gifts to support your argument.

2. What is your legal argument for Dr. Bob?

Answer :

Final answer:

In this case, Dr. Bob should be entitled to have the gifts returned or receive payment for their fair market value.

Explanation:

In this case, Susie should not be allowed to keep all of the gifts. The legal argument for Dr. Bob is that the gifts were conditional upon the marriage taking place. This is known as a condition precedent in contract law. If the condition is not met, the gifts must be returned.

Dr. Bob can argue that the gifts were given with the expectation of marriage and were not intended as unconditional gifts. He can also argue that Susie's pattern of behavior, as described in the question, demonstrates a lack of intent to marry.

Therefore, Dr. Bob is entitled to have the gifts returned or receive payment for their fair market value.

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