Wednesday, November 2, 2011
Students seeking a break from reality recently approached me about the contract-related issues triggered by the announced divorce of megastar (and "new royal"?) Kim Kardashian, from her husband of 72 days, NBA player Kris Humphries (whom I still remember for choosing Minnesota after initially committing to Duke--see what you get for spurning the Blue Devils, Mr. Humphries?). We came up with, and tentatively answered, the following:
Q#1: Was there a prenuptial agreement and will it be enforceable?
Q#2: Could family and friends demand the return of their wedding gifts based on some kind of breach of implied contract or unjust enrichment theory given the extremely short marriage?
A#2: Although the etiquette experts agree that the right thing to do would be to return the gifts, there likely is no legal obligation to do so, despite the feelings of betrayal and broken promises.
Q#3: Along the same lines as Q#2, Could Kris demand return of the engagement ring based on contract or unjust enrichment?
A#3: Another clear no under California law.
Did we miss anything? By "anything," I mean something other than the opportunity to spend this time discussing something more useful.
[Heidi R. Anderson, h.t. to the entire blogosphere]