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Encyclopedia > Alienation of affections
Tort law
Part of the common law series
Negligence
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence  · Eggshell skull
Negligent emotional distress
Rescue doctrine  · Duty to rescue
Statutory Torts
Product liability  · Ultrahazardous activity
Trespassers  · Licensees  · Invitees
Attractive nuisance
Property torts
Trespass  · Conversion
Detinue  · Replevin  · Trover
Nuisance
Public nuisance  · Rylands v. Fletcher
Intentional torts
Assault  · Battery  · False imprisonment
Intentional emotional distress
Consent  · Necessity  · Self defense
Dignitary torts
Defamation  · Invasion of privacy
Breach of confidence  · Abuse of process
Malicious prosecution
Economic torts
Fraud  · Tortious interference
Conspiracy  · Restraint of trade
Liability, Defenses, Remedies
Comparative and Contributory negligence
Last clear chance
Vicarious liability  · Volenti non fit injuria
Ex turpi causa non oritur actio
Damages  · Injunction
Common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

At common law, alienation of affections is a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors, or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections. Image File history File links This is a lossless scalable vector image. ... Not to be confused with torte, an iced cake. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Negligence is a legal concept usually used to achieve compensation for accidents and injuries. ... In tort law, a duty of care is a legal obligation imposed on an individual requiring that they exercise a reasonable standard of care while performing any acts that could foreseeably harm others. ... In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. ... In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... Res ipsa loquitur is a legal term from the Latin meaning literally, The thing itself speaks but is more often translated The thing speaks for itself. The doctrine is applied to tort claims which, as a matter of law, do not have to be explained beyond the obvious facts. ... In the United States, the calculus of negligence or learned hand rule is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of care has been breached (see negligence). ... The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from their activities leading to an injury to another person, even if the victim suffers unusual damages due to a pre... The tort of negligent infliction of emotional distress (NIED) is a controversial legal theory and is not accepted in many United States jurisdictions. ... The rescue doctrine of the law of torts holds that, where a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue... A duty to rescue is a concept in the law of torts that arises in a narrow number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril. ... Products liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. ... An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others... In the law of torts, property, and criminal law a trespasser is a person who is trespassing on a property, that is, without the permission of the owner. ... A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. ... In the law of torts, an invitee is a person who is invited to land by the possessor of the land as a member of the public, or one whos invited to the land for the purpose of business dealings with the possessor of the land. ... Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the... “Unlawful entry” redirects here. ... In law, conversion is an intentional tort to personal property (same as chattel), where defendants unjustified willful interference with the chattel deprives plaintiff of possession of such chattel. ... In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ... Replevin is an Anglo-French law term (derived from repletir, to replevy). ... Trover signifies finding. ... Nuisance is a common law tort. ... Nuisance is a common law tort. ... Rylands v. ... An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... At common law, battery is the tort of intentionally (or, in Australia, negligently) and volitionally bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (i. ... False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ... In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread... This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ... Slander and Libel redirect here. ... Invasion of privacy is a legal term essentially defined as a violation of the right to be left alone. ... The tort of breach of confidence, is a common law tort that protects private information that is conveyed in confidence. ... Abuse of process is a common law intentional tort. ... Malicious prosecution is a common law intentional tort. ... Economic Torts are torts for which employers can sue trade union officials or members who are taking part in industrial action. ... Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiffs contractual or other business relationships. ... In the law of tort, the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i. ... At present, the law will not enforce certain types of contracts on the ground of illegality. ... Comparative negligence is a system of apportioning recovery for a tort based on a comparison of the plaintiffs negligence with the defendants. ... Contributory negligence is a common law defence to a claim based on negligence, an action in tort. ... The last clear chance is a doctrine in the law of torts that is employed in contributory negligence jurisdictions. ... Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the right, ability or duty to... Volenti non fit injuria is a Latin expression meaning to a willing person, no injury is done. The principle is that someone who knowingly and willingly puts himself in a dangerous situation will be legally disentitled to sue for his or her resulting injuries. ... If you commit a crime, you cannot sue for damages that you experience while committing the crime ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ... Look up Injunction in Wiktionary, the free dictionary. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... This article or section does not cite any references or sources. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... The law of evidence governs the use of testimony (e. ... Not to be confused with torte, an iced cake. ... Marriage is an interpersonal relationship with governmental, social, or religious recognition, usually intimate and sexual, and often created as a contract, or through civil process. ... An intimate relationship is a interpersonal relationship where there is a great deal of physical or emotional intimacy. ... Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse. ...


Alienation of affections was first codified as a tort by the New York state legislature in 1864, and similar legislation existed in many U.S. states in the late 19th and early 20th centuries. Since 1935, this tort has been abolished in 43 states. Alienation is, however, still recognized in Hawaii, Illinois, North Carolina, Mississippi, New Mexico, South Dakota, and Utah. This article is about the state. ... 1864 (MDCCCLXIV) was a leap year starting on Friday (see link for calendar) of the Gregorian calendar or a leap year starting on Sunday of the 12-day-slower Julian calendar. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      A U.S. state is any one of the fifty subnational entities of... 1935 (MCMXXXV) was a common year starting on Tuesday (link will display full calendar). ... Official language(s) English, Hawaiian Capital Honolulu Largest city Honolulu Area  Ranked 43rd  - Total 10,931 sq mi (29,311 km²)  - Width n/a miles (n/a km)  - Length 1,522 miles (2,450 km)  - % water 41. ... Official language(s) English[1] Capital Springfield Largest city Chicago Largest metro area Chicago Metropolitan Area Area  Ranked 25th  - Total 57,918 sq mi (149,998 km²)  - Width 210 miles (340 km)  - Length 390 miles (629 km)  - % water 4. ... Official language(s) English Capital Raleigh Largest city Charlotte Largest metro area Charlotte metro area Area  Ranked 28th  - Total 53,865 sq mi (139,509 km²)  - Width 150 miles (240 km)  - Length 560[1] miles (901 km)  - % water 9. ... This article is about the U.S. state. ... Capital Santa Fe Largest city Albuquerque Largest metro area Albuquerque metropolitan area Area  Ranked 5th  - Total 121,665 sq mi (315,194 km²)  - Width 342 miles (550 km)  - Length 370 miles (595 km)  - % water 0. ... Official language(s) English Capital Pierre Largest city Sioux Falls Area  Ranked 17th  - Total 77,116[1] sq mi (199,905 km²)  - Width 210 miles (340 km)  - Length 380 miles (610 km)  - % water 1. ... This article is about the U.S. state. ...


An action for alienation of affection does not require proof of extramarital sex. An alienation claim is difficult to establish because it comprises several elements and there are several defenses. To succeed on an alienation claim, the plaintiff has to show that (1) the marriage entailed love between the spouses in some degree; (2) the spousal love was alienated and destroyed; and (3) defendant’s malicious conduct contributed to or caused the loss of affection. It is not necessary to show that the defendant set out to destroy the marital relationship, but only that he or she intentionally engaged in acts which would foreseeably impact on the marriage. Thus, defendant has a defense against an alienation claim where it can be shown that defendant did not know that the object of his or her affections was in fact married. It is not a defense that the non-innocent spouse consented to defendant’s conduct. But it might be a defense that the defendant was not the active and aggressive seducer. If defendant’s conduct was somehow inadvertent, the plaintiff would be unable to show intentional or malicious action. But prior marital problems do not establish a defense unless such unhappiness had reached a level of negating love between the spouses.


External links

  • WORLDLawDirect
  • States of the U.S. that have abolished and that retain Alienation of affection laws
  • North Carolina Alienation of affection in divorce discussion

 
 

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