{"id":7986,"date":"2017-11-17T04:24:44","date_gmt":"2017-11-17T04:24:44","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=7986"},"modified":"2017-12-20T02:21:44","modified_gmt":"2017-12-20T02:21:44","slug":"marital-tort-a-tort-by-one-spouse-against-the-other-i-e-assault-and-battery-transmission-of-stds-emotional-distress","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=7986","title":{"rendered":"Marital Tort – a tort by one spouse against the other (i.e. assault and battery, transmission of STDs, emotional distress)"},"content":{"rendered":"

marital tort<\/span>:<\/span>
\n<\/span><\/strong>(1951)<\/span><\/p>\n

1. A tort by one spouse against the other.\u00a0 *\u00a0 Since most jurisdictions have abolished interspousal tort immunity, courts have had to decide which tort claims to recognize between married persons.\u00a0 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.\u00a0<\/span><\/strong>\u2014 aka<\/span> domestic tort<\/em><\/span><\/span><\/strong>.<\/span> Cf. husband-wife immunity under IMMUNITY (2).<\/span><\/p>\n

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[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe Tenth Edition<\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

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