Assignment #$4-$ Legal Memorandum

It has been three years since Adam and Jennifer had their romantic encounter in Adam$$s car. Adam is now $38$ years old and Jennifer is $30.$ After Katherine $($Adam$$s wife$)$ learned of what happened in the parking lot that night she took the baby and left Adam. This has not slowed Adam down one bit however $$ he began pursuing Jennifer soon after.

Adam did everything he could to court Jennifer. He took her out for nice dinners and lavished attention upon her. Jennifer certainly liked the attention, not to mention the gifts.

On one occasion, two and a half years ago while they were out for dinner, Adam gave her some diamond earrings. For her $29$th birthday Adam gave Jennifer an expensive watch. However, the biggest gift he gave her was a car $$ a used Tesla Model $3.$ The car was a graduation gift Jennifer received three years ago. The story behind it is that Jennifer was questioning whether she should really spend the time to complete her Masters degree. So as an incentive to graduate Adam promised her this car; he promised that he would buy her the car if she graduated. When Adam raised this idea with her, Jennifer was momentarily skeptical $$ after all, it was kind of a $$bro$$ car in her view, what with recent reports about sexual harassment of women at Tesla manufacturing facilities$[1],$ and Jennifer considers herself a feminist. But hey, it was a Tesla $$ so Jennifer quickly overcame any qualms she had.

Things went along very well in their relationship; so well that about $6$ months ago Adam proposed. At the time he gave Jennifer a $$30,000$ engagement ring. Jennifer was thrilled, and of course she said yes. It was bliss.

Sadly, the relationship has fallen apart in the past couple of weeks. Adam has learned that Jennifer cheated on him with a $20$ year old guy named Buck. To add insult to injury, Adam only found out about this because Jennifer and Buck were caught having sex in her Tesla $($the one Adam gave her as a graduation present$)$ in the same parking lot where Adam and Jennifer began their relationship.

Adam is angry and hurt. He learned yesterday that Jennifer didn$$t even graduate. In his anger he was reading through her diary and found out that her story about only wanting her parents to be at her graduation $($and not Adam$)$ was all a lie $$ the fact is that she never went to the graduation ceremony because she wasn$$t graduating. When he confronted Jennifer with this fact she became enraged that he had read her diary and told him that the reason she had turned to Buck was because Adam was too $$old$$ and Buck had so much more stamina. For Adam this was too much $$ he told Jennifer that the marriage was off.

Since their argument yesterday Jennifer has been repeatedly phoning Adam, crying and telling him how sorry she is$.$ She says she really loves him, and she wants nothing more than to marry him. But as far as Adam is concerned, it$$s too late. He reiterated that the marriage is off. Perhaps somewhat strangely, Jennifer then asked, between sobs, $$But what about the ring?$.$ In his anger, Adam said $$I don$$t care. Just take it and get the money back, and put the money to some good use$.$

Adam has come to you for some legal advice. He is very clear with you that the marriage is off and the relationship is over. He wants to know if he can get back the gifts he gave to Jennifer. He feels that since the relationship is over he is entitled to a return of the gifts. Jennifer won$$t return the gifts; she says they are hers, and that they will always remind her of Adam$$s love for her, and that amazing November night in the parking lot three years ago.

Write a memo in which you advise me about the possible return of these gifts. Does Adam have any legal right to the return of any of these gifts? Be sure to talk about each gift:

The diamond earrings.

The watch.

The Tesla.

The engagement ring.

You will thoroughly research the issues he has raised with you and write a comprehensive legal memorandum in which you will outline your opinion. You have seen from class how to approach this, and you now have a sample memorandum that I have provided to you as a handout.

This memorandum is not for Adam$$s reading pleasure; instead, you will be writing it for a more senior lawyer who is interested in Adam$$s predicament. For the purposes of this exercise I am the more senior lawyer $$ you should address your memorandum to me$.$

Please note that Adam and Jennifer never lived together, therefore there is no family law claim regarding a division of property.