The Nature of Property, Personal Property, and Bailments$-$But What If$...$

Alfonso had been dating his girlfriend Marie for six years. The weekend after Valentine$$s Day, Alfonso decided that he would like to be engaged to Marie, and made a plan to propose to her the following week. The next week, Alfonso presented Marie with a one$-$carat diamond ring and asked her to be his wife; Marie said yes. One month later, Alfonso decided that he no longer wanted to be engaged to Marie. The couple terminated their relationship and Alfonso requested that Marie return to him the engagement ring that he had given her. Marie stated that the ring was a gift and she wished to keep it$.$ In seeking to determine whether the engagement ring was an inter vivos gift and consequently Marie$$s property, the presiding court had to determine whether the three elements of a valid gift had been established. Marie argued that the engagement ring was physically presented to her, that Alfonso had intended to give her the ring, and that she had accepted ownership of the ring upon the proposal. Therefore the ring was her property. The court agreed, ruling in favor of Marie.

But what if the facts of the case were different? Select each set of facts below that could change the outcome of the case.

Check All That Apply

a$.$ Alfonso did not physically present the ring to Marie, but instead gave her a key to a jewelry box that housed the engagement ring.Alfonso did not physically present the ring to Marie, but instead gave her a key to a jewelry box that housed the engagement ring.

b$.$ After Alfonso proposed, Marie agreed to marry him, but stated that she did not want to own a ring until they were legally married.After Alfonso proposed, Marie agreed to marry him, but stated that she did not want to own a ring until they were legally married.

c$.$ Upon proposing, Alfonso informed Marie that the engagement ring was given to him by his grandmother, and that it was for Marie to wear $$only for the time being$$ and as a $$loaner$$ until they were $$really married.$$Upon proposing, Alfonso informed Marie that the engagement ring was given to him by his grandmother, and that it was for Marie to wear $$only for the time being$$ and as a $$loaner$$ until they were $$really married.$$

d$.$ Marie said yes when Alfonso proposed, but chose to leave the engagement ring in her jewelry box, not making use of the gift.Marie said yes when Alfonso proposed, but chose to leave the engagement ring in her jewelry box, not making use of the gift.