Marital Tort – a tort by one spouse against the other (i.e. assault and battery, transmission of STDs, emotional distress)

marital tort:
(1951)

1. A tort by one spouse against the other.  *  Since most jurisdictions have abolished interspousal tort immunity, courts have had to decide which tort claims to recognize between married persons.  Among those that some, but not all, courts have chosen to recognize are assault and battery, including claims for infliction of sexually transmitted disease, and intentional and negligent infliction of emotional distress. — aka domestic tort. Cf. husband-wife immunity under IMMUNITY (2).

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

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