CATEGORIES INFORMATION POINTS

Jeff Garber

CASE INFO Lowe v. Quinn, 0

Court of Appeals of New York
27 N.Y.2d 397; 267 N.E.2d 251; 318 N.Y.S.2d 467
(1971)

NAMES OF THE WEB SITE ADDRESS OF THE COURT SYSTEM: 10

COURTS www.nycourts.gov/ctapps/

TRIAL COURT: The Supreme Court, Special Term, New

York

INTERMEDIATE APPELLATE COURT: Supreme

Court of New York, Appellate Division, First Department

HIGHEST APPELLATE COURT: Court of Appeals of

New York
FACTS A married man gave an engagement ring to his girlfriend, 5
as she promised to marry him. The married man was
contemplating divorce from his wife the entire time he
was engaged to his girlfriend. The girlfriend decided to
break off the engagement. The married man filed suit in
order to recover the ring.

RULE OF LAW Breach of Promise: Failure to do what one promises. 15

N.Y. Civ. Rights Law § 80-b: Does not bar a person from
recovering an item that is used as consideration in a
promise to marry, if the marriage does not occur.

DEFINITIONS Paraphrased from Barron’s Law Dictionary, 5th edition: 5

• Unclean hands: a party seeking redress in a court
of equity must not have done any unethical act in
the transaction.
• Breach or promise: failure to do what one has
promised, where he has promised it in order to
induce action.
• Heart-balm statute: legislation which abolished
cause of action in breach of promise to marry.
ISSUE Was there a breach of promise to marry? 10

Is the girlfriend obligated by law to give the engagement

ring back to the married man if she broke the promise?

TRIAL COURT PLAINTIFF’S LEGAL ARGUMENT: The married man 5

ARGUMENT cross motioned to amend the complaint.

Supreme Court at I could not find the argument made in this court.
Special Term,
New York The argument could have been on the grounds of breach
of contract. The married man may have argued since there
was an offer, acceptance, and consideration, and the
girlfriend backed out, she breached the contract.
POINTS Total Deductions from categories above
DEDUCTED

For every week late, deduct -10

Date Due_______________
Presented
If you do not use your own words DEDUCT -15

If you do not follow directions, DEDUCT -30

No opinion attached -5
Incomplete chart -5
Not all stapled together with one staple -5
Using people’s names -5
Using plaintiff or defendant -5
Not rounding off dates and/or numbers -5
For every grammatical and spelling error, DEDUCT -1

If you read or give a memorized presentation -15

No oral report -25

For every minute you go over the 5 minute time limit -1

Time started______________Time ended_______________

FINAL GRADE FOR CASE STUDY: ___________/100