General Index

Total Page:16

File Type:pdf, Size:1020Kb

General Index D DAIRY PRODUCTS DAMAGES (Cont.) See MILK AND DAIRY PRODUCTS, generally Collections Collection agencies, actions for violations, 697.087 Unlawful trade practices, 646.641 DAIRY PRODUCTS COMMISSION, Commercial Code, see COMMERCIAL CODE OREGON Community care providers, damages in excess of Commodity commission laws, see MARKETING coverage, liability, 278.320 OF COMMODITIES Community mental health or developmental dis- Established, 576.062 ability programs, disputes, retaliation, 430.673 Comparative negligence standard, 31.600 Condemnation, see CONDEMNATION DAMAGES Consortium, see SPOUSES Abuse of animals, costs of veterinary care, 30.817 Contribution, joint tortfeasors, see TORTS Abuse of vulnerable persons, 124.100 Cooperative corporation contracts, 62.355, 62.365 Advance payment, see TORTS Correctional facilities, action by adult in custody Agricultural bargaining associations, unfair against public bodies, 30.650, 421.085 trade practices, 646.545 County roads Agricultural research, criminal interference, Acquisition proceedings, assessment, 368.111 30.876, 164.889 Establishment proceedings, designation, 368.171 Alcohol purchases, minors, age misrepresenta- Crimes and offenses, see CRIMES AND tion, 471.567 OFFENSES All-terrain vehicles, owner and operator liability, Custodial interference, 30.868, 163.245, 163.257 821.310 Death actions and claims, see DEATH ACTIONS Animals AND CLAIMS Abuse, costs of veterinary care, 30.817 Debt collection, unlawful trade practices, 646.641 Assistance animal, harm or theft, 659A.141 Debt management service providers, claims Domestic, driving from ranges, 607.365 against, 697.762 Economic damages, proof, injuries caused by dog, Defibrillators, emergency medical assistance, 31.360 immunity from liability, 30.802 Exotic animals, escape or injury, 609.329 Diking district landowners, recovery, 551.120 Fish and wildlife, see FISH AND WILDLIFE Discount medical plan organizations, violations, Livestock, killing or injuring, 609.140, 609.167, 742.440 609.169 Discrimination Potentially dangerous dogs, injury or property dam- (Generally), 659A.885 age, 609.115 Unlawful employment practices, 659A.885 Railroads, killing or injuring, 608.340 Wages, 652.230, 652.235 Research and animal interference, 30.877 Dissemination of intimate image, unlawful, Search and rescue or therapy animal, theft, 30.822 30.833 Trespass by, 608.015 Ditch rights of way for flood control, 549.150, 549.170 Appeal and review, see APPEAL AND REVIEW see Apprenticeship committees, 660.210 Documents of title, COMMERCIAL CODE Dogs, see Animals, this topic Arbitration, 36.695, 190.790 Domestic animals, driving from ranges, 607.365 Arrests, see ARRESTS Double damages 359.250 Art consignments, Construction liens, residential property sales, 30.907 Asbestos-related disease, owner violations, 87.007 Assistance animal, harm or theft, 659A.141 Discriminatory wage rates, employee actions, Athlete agents, violations, 702.057 652.230, 652.235 Attorney fees Dogs, killing or injuring livestock, 609.140 Punitive damages, distribution, 31.735 Gambling loss recovery, 30.740 Small tort claims, 20.080 Gates, partition fences, 96.050 Bias crimes, 30.198 Landlord-tenant actions, 90.300, 90.375, 90.427 Bills of lading, see COMMERCIAL CODE State lands, unlawful removal of materials, 273.241 Cancer and tumor registry system, disclosures, Tax collectors, injurious acts, 311.015 432.550 Trees, crops, injury or removal, 105.815 Carriers Waters, filling or removing materials, 196.875 Bills of lading, see COMMERCIAL CODE Wildfires, 477.089 Livestock, transporting, 823.101 Witnesses, civil arrest, 44.090 Property loss or damage, 77.3090, 823.101, 823.103 Driving under influence or uninsured, noneco- Cemetery replatting, 97.390 nomic damages, recovery, 31.715 Checks, dishonored, generally, 30.701 Economic Class actions, ORCP 32H, ORCP 32I, ORCP 32O Defined, 31.710 Collateral benefits, effect, 31.580 Verdict, set forth separately, 31.705 D-1 DAMAGES (Cont.) DAMAGES (Cont.) Ejectment, see EJECTMENT Liens (Cont.) Elections, false statements, publishing or adver- Construction liens, residential property sales, tising, 260.532 owner violations, 87.007 Emergency Conflagration Act, 476.600 Filing invalid claim of encumbrance, 205.470 Emotional distress, noneconomic damages, defi- Liquidated, sales, 72.7180 nitional inclusion, 31.710 Mail agents, violations, 646A.346, 646A.348 Employee, wrongful death, unlimited, 654.325 Mandamus Environmental claims settlement practices, Allowable in, 34.210 unfair, 465.484 Bar to other recovery, 34.220 Equity conveyances, foreclosures, violations, Manufactured dwelling parks, 90.510, 90.578, 646A.760 90.710, 90.846, 92.839 Ethnicity, future earning potential, 31.770 Medical assistance, wrongfully obtained, 411.690 Evidence, see EVIDENCE Medical expenses of parent or conservator, inclu- Exchange facilitators, violations, 673.825 sion, 31.700 Execution, exemptions, 18.345 Mental illness, persons with, liability, 426.335 Explosives, user liability, 480.095 Mental suffering, noneconomic damages, defini- False claims to public agencies, 180.760 tional inclusion, 31.710 Fires, see FIRES AND FIRE PROTECTION Mining claim, injury, 105.831 Fish and wildlife, see FISH AND WILDLIFE Minors, liability of parent, see PARENT AND Floods, removal of property, 99.010 et seq. CHILD Food-related conditions, 30.961, 30.963 Mortgage lending violations, 86A.151 Foreign government imposed discrimination, Mortgages, failure to discharge, 86.140 reciprocal discrimination, persons or govern- Motor carriers, damages to injured persons, lia- mental entities, 30.860 bility, 823.085 Franchise sales, 650.020, 650.065 Motor fuel franchises, violations of law, 650.250 Future earning potential, race or ethnicity, Motor vehicle records, personal information dis- 31.770 closures, aggrieved persons, civil action, Gambling loss recovery, 30.740, 30.780 802.191 Gates, partition fences, 96.050 Motor vehicles, see MOTOR VEHICLES Genetic privacy, violation, civil actions, 192.541 Musical works, royalties, 647.720 Geothermal well operators, liability, 522.080, Noneconomic 522.155 Correctional facilities, inmates, actions against pub- Grain warehousing, failure to deliver, 586.400 lic bodies, 30.650 Hazardous waste release or disposal, 465.255, Defined, 31.710 465.260, 465.330, 465.335, 466.205, 466.680, 466.770, Driving under influence or uninsured, plaintiff, 466.820 recovery, 31.715 Health practitioners, punitive damages, 31.740 Limitation, 31.710, 31.715 Housing, see HOUSING Verdict, set forth separately, 31.705 Humiliation, noneconomic damages, definitional Notaries public, actions for damages, 194.390, inclusion, 31.710 194.405 Immunity, see PRIVILEGES AND IMMUNITIES, Obesity and food-related conditions, 30.961, generally 30.963 Impersonation, criminal, civil damages, 30.863 Oil discharges into water, 468B.310, 468B.325, Inconvenience and interference, usual activities, 468B.425 noneconomic damages, definitional inclusion, Oregon Youth Authority, employees, damage to 31.710 property of, 420A.220 Indemnification, see INDEMNIFICATION, gener- Pain and suffering ally Crime victims, not compensable loss, 147.035 Indian graves and objects, violations, 97.760 Execution, 18.345 Institutions, state, claims payment, 179.210, Noneconomic damages, definitional inclusion, 179.230, 179.240 31.710 Insurance rates, collusive, 737.245 Wrongful death, 30.020 Intimate image, unlawful dissemination, 30.833 Parent liability, see PARENT AND CHILD Invalid claim of encumbrance, liability filing, Partition fences, gates, 96.050 205.470 Patients and inmates, state institutions, actions, Invasion of personal privacy, 30.831 179.507 Involuntary servitude, civil actions, 30.867 Pedestrian malls, see PEDESTRIAN MALLS Joint tortfeasors, see TORTS Personal injuries, see PERSONAL INJURIES Labor contractors, 658.407, 658.415, 658.419, Pesticide application, 12.272, 634.116, 634.172 658.467, 658.475 Pleading, ORCP 18 Landlord and tenant actions, see LANDLORD Price discrimination, 646.140, 646.150, 646.160 AND TENANT Prints, fine, failure to disclose, treble damages, Landscape construction professionals and land- 359.315 scaping businesses, see LANDSCAPE CON- Product liability actions, punitive damages, TRACTORS 30.925 Leases, see LEASES Property, injury or destruction, see PROPERTY Letters of credit, Commercial Code, 75.1110 Public agencies, false claims to, 180.760 Levy, exemptions, 18.345 Public assistance, wrongfully receiving pay- Libel and slander, mass communication media, ments, 411.690 31.200, 31.205, 31.210 Public bodies, tort liability, see TORTS Liens Punitive damages Agricultural produce, failure to discharge, 87.735 (Generally), 31.725 D-2 DAMAGES (Cont.) DAMAGES (Cont.) Punitive damages (Cont.) Social media accounts, students, educational Arbitration proceedings, Uniform Arbitration Act, institutions, 350.274 36.695 Social Security numbers, disclosure violations, Bias crimes, 30.198 350.282, 802.195 Career schools, student loans, prohibitions, 345.113 Sound and video recordings, civil actions, inju- Civil rights actions, 659A.890 ries caused by criminal acts, 164.866 Consumer paper assignees, wrongful repossession Sports officials, subjecting to offensive physical actions, prohibition, 83.820 contact, 30.882 Crime victims, compensatory fines, credit, 137.101 Stalking protective orders, violations, 30.866 Custodial interference, 30.868 State institutions, patient and inmate actions, Discrimination, generally, 659A.885 179.507 Dissemination of intimate image, unlawful, 30.833 State lands Distribution,
Recommended publications
  • Table of Contents (V.3 No.1)
    Catholic University Law Review Volume 3 Issue 1 January 1953 Article 1 1953 Table of Contents (v.3 no.1) Catholic University Law Review Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Catholic University Law Review, Table of Contents (v.3 no.1), 3 Cath. U. L. Rev. (1953). Available at: https://scholarship.law.edu/lawreview/vol3/iss1/1 This Front Matter is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. THE CATHOLIC UNIVERSITY OF AMERICA LAW REVIEW Volume III January, 1953 Number 1 CONTENTS ARTICLES Page Pretrial Procedure in the District of Columbia ...................... Honorable Alexander HoltzojJ I Some Reflections on Pound's Jurisprudence of Interests .......................... Rev. Dr. Francis 1. Powers 10 COMMENTS Inherent Power of the President to Seize Property ................... 27 Just Compensation and Riparian Interests ........................ 33 A Proposed Amendment to the Constitution ...................... 43 RECENT CASES CONSTITUTIONAL LAW--Captive Audience-Public Utilities- Right of Privacy not Violated by Transit Radio. Pollak v. Public Utilities Commission, 343 U. S. 451 (1952) .............................. 51 CORPORATIONS-Agency-Attorney and Client. Zeeb v. Atlas Powder Co., 87 A. 2d 123 (Del. 1952) .......................... 53 CRIMINAL LAW-Subnormal Mentality as Affecting Criminal Re- sponsibility. Commonwealth v. Elliott, 89 A. 2d 782 (Pa. 1952) ...... 55 FUTURE INTERESTS-Habendum Clause--Condition Subsequent-- Base or Determinable Fee. Ange v. Ange, 71 S. E. 2d 19 (N. C. 1952) 57 INSURANCE-Constitutional Law.
    [Show full text]
  • 099-0090.Pdf
    Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b AN ACT concerning civil law. Be it enacted by the People of the State of Illinois, represented in the General Assembly: ARTICLE 1. HEART BALM ACTIONS Section 1-1. Findings. The majority of states have abolished heart balm actions. In Illinois, heart balm actions for alienation of affections, breach of promise to marry, and criminal conversation were permitted under the common law before the abolition of those causes of action by "An Act in relation to certain causes of action conducive to extortion and blackmail, and to declare illegal, contracts and Acts made and done in pursuance thereof", filed May 4, 1935, Laws 1935, p. 716. The Illinois Supreme Court held, in Heck v. Schupp, 394 Ill. 296 (1946), that the 1935 Act was unconstitutional and that the abolition of heart balm actions would infringe upon the rights of parties to remedies under Section 19 of Article II of the 1870 Constitution. (Section 12 of Article I of the 1970 Constitution is similar to the relevant portion of Section 19 of Article II of the 1870 Constitution.) Since 1947, heart balm actions have been permitted with limited damages under the Alienation of Affections Act, the Breach of Promise Act, and the Criminal Conversation Act. Society has since recognized that the amicable settlement Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b of domestic relations disputes is beneficial. In 1977, the Illinois Marriage and Dissolution of Marriage Act became the law of this State. As stated in Section 102 of that Act, among its underlying purposes are: promoting the amicable settlement of disputes that have arisen between parties to a marriage; mitigating the potential harm to the spouses and their children caused by the process of legal dissolution of marriage; and eliminating the consideration of marital misconduct in the adjudication of rights and duties incident to the legal dissolution of marriage, legal separation and declaration of invalidity of marriage.
    [Show full text]
  • Alienation of Affections in the Conflict of Laws Albert A
    Cornell Law Review Volume 45 Article 5 Issue 3 Spring 1960 Alienation of Affections in the Conflict of Laws Albert A. Ehrenzweig Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Albert A. Ehrenzweig, Alienation of Affections in the Conflict of Laws , 45 Cornell L. Rev. 514 (1960) Available at: http://scholarship.law.cornell.edu/clr/vol45/iss3/5 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. ALIENATION OF AFFECTIONS IN THE CONFLICT OF LAWS* Towards the Lex Forifor Admonitory Torts Albert A. Ehrenzweigt "If a cause of action in tort is created at the place of wrong, a cause of action will be recognized in other states. If no cause of action is created at the place of wrong, no recovery in tort can be had in any other state."' This is the "rule" of the Restatement which, for the sake of "certainty," courts throughout the country during the last few decades have invoked in nearly every torts conflicts case-only to reach widely differing results by the haphazard and therefore unpredictable use of various other devices.2 Arbitrary localization of the "place of wrong," arbitrary "characterizations" (e.g., procedure, contract), arbitrary resort to public policy, and even occasional arbitrary flight into renvoi, that "puerile" concept "of violently prejudiced literature,"3 are some of the devices which have been employed.
    [Show full text]
  • Alienation of Affection Suits in Connecticut a Guide to Resources in the Law Library
    Connecticut Judicial Branch Law Libraries Copyright © 2006-2020, Judicial Branch, State of Connecticut. All rights reserved. 2020 Edition Alienation of Affection Suits in Connecticut A Guide to Resources in the Law Library This guide is no longer being updated on a regular basis. But we make it available for the historical significance in the development of the law. Table of Contents Introduction .................................................................................................... 3 Section 1: Spousal Alienation of Affection ............................................................ 4 Table 1: Spousal Alienation of Affections in Other States ....................................... 8 Table 2: Brown v. Strum ................................................................................... 9 Section 2: Criminal Conversation ..................................................................... 11 Table 3: Criminal Conversation in Other States .................................................. 14 Section 3: Alienation of Affection of Parent or Child ............................................ 15 Table 4: Intentional Infliction of Emotional Distress ............................................ 18 Table 5: Campos v. Coleman ........................................................................... 20 Prepared by Connecticut Judicial Branch, Superior Court Operations, Judge Support Services, Law Library Services Unit [email protected] Alienation-1 These guides are provided with the understanding that they represent
    [Show full text]
  • Should Tort Law Protect Property Against Accidental Loss
    San Diego Law Review Volume 23 Issue 1 Torts Symposium Article 5 1-1-1986 Should Tort Law Protect Property against Accidental Loss Richard Abel Follow this and additional works at: https://digital.sandiego.edu/sdlr Part of the Torts Commons Recommended Citation Richard Abel, Should Tort Law Protect Property against Accidental Loss, 23 SAN DIEGO L. REV. 79 (1986). Available at: https://digital.sandiego.edu/sdlr/vol23/iss1/5 This Article is brought to you for free and open access by the Law School Journals at Digital USD. It has been accepted for inclusion in San Diego Law Review by an authorized editor of Digital USD. For more information, please contact [email protected]. Should Tort Law Protect Property Against Accidental Loss? RICHARD L. ABEL* Tort damages for accidental harm to property violate the funda- mental values of autonomy, equality, and community. Tort law itself recognizes that property is less important than personal in- tegrity. State action, includingjudicial decisionmaking, that seeks to protect property against inadvertent damage either is unprinci- pled and hence arbitraryor reflects and reinforces the existing dis- tribution of wealth and power, or both. Tort liabilityfor acciden- tal injury to property cannot be defended as a means of reducing secondary accident costs, it entails very high transactioncosts, and it has little or no proven value as a deterrent of careless behavior. Consequently, courts should cease to recognize a cause of action in tort for accidental damage to property. t An earlier version of this Article was presented to the Symposium of the Colston Research Society at the University of Bristol, April 3-6, 1984.
    [Show full text]
  • INDIANA LAW REVIEW [Vol
    Indiana La^i^ Revleir Volume 24 1991 Number 2 ESSAY Who's Been Sleeping in My Bed? You and Me, and the State Makes Three Phyllis Coleman* I. Introduction Recently a married woman narrowly escaped a trial,* the possibility of two years in prison, and a $10,000 fine for a crime that an estimated sixty percent of the adult American population has committed. ^ Donna E. Carroll, a Wisconsin woman, was charged with having an adulterous affair. * Professor of Law, Nova University. B.S.. 1970; M. Ed., 1975; J.D., 1978, University of Florida. The author wishes to thank Professors John Sanchez and Bob Jarvis for their helpful comments and criticisms. 1. The 26-year-old Wisconsin woman was spared a trial when she agreed to perform 40 hours of community service and undergo two months of parental counseling. Chicago Tribune, May 8, 1990, at 2, col. 3. Her attorney made it clear that the woman agreed to these sanctions not as an admission of guilt, but only to avoid trial. The Times (London), May 9, 1990, Overseas News. This widely reported case "prompted disbelief and hilarity in the liberal northern cities but won approval from many conservative and religious groups." Id. 2. "Despite all the hush-hush, the morality, and the vendettas against those involved in them, affairs are extremely common. Almost everyone engages in one in his or her Hfe at some time." L. Linguist, Secret Lo\'ers xi (1989). Dr. Linguist estimates 70% of married men and 50% of married women have affairs. She also calculates that approximately 60% of all single people have had a sexual relationship with a married person.
    [Show full text]
  • Breach of Promise to Marry and Return of Engagement Ring and Courtship Gifts a Guide to Resources in the Law Library
    Connecticut Judicial Branch Law Libraries Copyright © 2001-2021, Judicial Branch, State of Connecticut. All rights reserved. 2021 Edition Breach of Promise to Marry and Return of Engagement Ring and Courtship Gifts A Guide to Resources in the Law Library Table of Contents Introduction .................................................................................................... 3 Section 1: Breach of Promise to Marry and Return of Engagement Ring and Courtship Gifts ............................................................................................................... 4 Table 1: No Fault Approach........................................................................... 20 Figure 1: Substituted Complaint .................................................................... 22 Figure 2: Amendment to first count of plaintiff’s complaint ............................... 25 See Also: Alienation of Affection Suits in Connecticut Replevin in Connecticut Prepared by Connecticut Judicial Branch, Superior Court Operations, Judge Support Services, Law Library Services Unit [email protected] Breach of Promise to Marry – 1 These guides are provided with the understanding that they represent only a beginning to research. It is the responsibility of the person doing legal research to come to his or her own conclusions about the authoritativeness, reliability, validity, and currency of any resource cited in this research guide. View our other research guides at https://jud.ct.gov/lawlib/selfguides.htm This guide links to advance
    [Show full text]
  • Does Equity Protect Property Rights in Domestic Relations? Thomas D
    Kentucky Law Journal Volume 19 | Issue 1 Article 5 1930 Does Equity Protect Property Rights in Domestic Relations? Thomas D. Theobald Jr. Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Family Law Commons, and the Property Law and Real Estate Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Theobald, Thomas D. Jr. (1930) "Does Equity Protect Property Rights in Domestic Relations?," Kentucky Law Journal: Vol. 19 : Iss. 1 , Article 5. Available at: https://uknowledge.uky.edu/klj/vol19/iss1/5 This Note is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. NOTES DOES EQUITY PROTECT PROPERTY RIGHTS IN DOMESTIC RELATIONS? INTRODUCTION In many cases, we find the broad general statement that "Equity protects onl7 property rights." This rule that the office and jurisdiction of a court of equity, unless enlarged by an express statute, are limited to the protec- tion of property rights,1 is a rule of very general application. In People vs. Pro tty 2 the court said: "Injury to property whether actual or prospective is the foundation upon which the jurisdiction of courts of equity rests." And in In Re Sawyer,3 we find the following statement: "The office and jurisdiction of equity, unless enlarged by stat- ute, are limited to property rights." In some decisions, expressions are found to the effect that a court of equity would seem to be as responsive to a call for protection of personal rights, as to one for the protection of rights relating to property.- However, where the sole damage suffered consists of injury to personality, there is very little authority for giving injunctive relief.
    [Show full text]
  • United States Bankruptcy Appellate Panel for the EIGHTH CIRCUIT
    United States Bankruptcy Appellate Panel FOR THE EIGHTH CIRCUIT __________ No. 04-6055EM __________ In re: Cynthia Marie Stage, * * Debtor. * * Gail Osborne, * * Appeal from the United States Plaintiff - Appellee, * Bankruptcy Court for the * Eastern District of Missouri v. * * Cynthia Marie Stage, * * Defendant - Appellant. * __________ Submitted: February 8, 2005 Filed: March 10, 2005 __________ Before KRESSEL, Chief Judge, DREHER and MAHONEY, Bankruptcy Judges. __________ KRESSEL, Chief Judge. This case has its origins in alienation of affections litigation in Missouri state court in which a jury awarded Appellee Gail Osborne a $50,000.00 judgment against Appellant Cynthia Marie Stage. Stage appeals from the order of the bankruptcy court granting summary judgment to Osborne based on collateral estoppel. The principal Appellate Case: 04-6055 Page: 1 Date Filed: 03/10/2005 Entry ID: 1876995 issue in this appeal is whether the state court judgment for alienation of affections established that Stage willfully and maliciously injured Osborne for purposes of 11 U.S.C § 523(a)(6). We conclude that it did not, and reverse. BACKGROUND Osborne filed suit against Stage in state court based on the tort of alienation of affections. On July 28, 1999, after a two day trial, the case was submitted to a jury with the following instruction: Your verdict must be for Plaintiff, Gail Ann Osborne, if you believe: First, Plaintiff was married to Daniel Osborne, and Second, Defendant, Cynthia Stage caused Plaintiff to lose the society, comfort, affection
    [Show full text]
  • Alienation of Affections in Illinois
    THE UNIVERSITY OF CHICAGO LAW REVIEW ALIENATION OF AFFECTIONS IN ILLINOIS: CONFLICT BETWEEN JUDICIARY AND LEGISLATURE The plaintiffs, five minor children, sought damages against a woman defend- ant for alienating the affection of their father and depriving them of his support and society. The complaint alleged that the defendant had induced the father to desert his family and to refuse to return and that the father had made no con- tribution to their support except as ordered in another action. The trial court granted the defendant's motion to dismiss, which was based on the grounds that no such cause of action was recognized at common'law, that no such right had been created by the Illinois legislature, that the action was barred by the "Heart Balm Act,"' and that there was no allegation that the father failed to comply with the support order, and hence that the plaintiffs sustained no damages of which a court may take cognizance. On appeal to the Appellate Court, the judg- ment was reversed and the cause reinstated. Johnson v. Luhman.2 The court recognized that the cause of action was unknown at common law, but said that the law was flexible enough to take account of the transition which has taken place in our conception of family life. It pointed out that the family is no longer under the complete control of the father, as at common law, but has become an institution in which the members have relative rights and re- sponsibilities. As a result, judicial notice will be taken of the interest that chil- dren have in the security of their family life and in their relations with their parents, and the court will recognize their resulting right to seek damages from one who has destroyed the family unit.
    [Show full text]
  • Protecting Marriage Dedicated to the Preservation of the Family 10 Good Reasons to Preserve Meaningful Tort Laws by John Rustin and Jere Z
    Protecting Marriage Dedicated to the Preservation of the Family 10 Good Reasons to Preserve Meaningful Tort Laws By John Rustin and Jere Z. Royall, J.D. he family has long been was to protect marriages from intentional the Act was passed, men retained the right recognized as the interference by third parties and to provide to sue for alienation of affections and building block of consequences when interference did occur. criminal conversation, but now the wife had society, but with divorce Although they are usually used together, a right to sue using the same actions. As the rates at record levels in alienation of affections and criminal American court system began to develop its the United States and conversation are two very distinct causes of own cause of action, previous actions for North Carolina, and the action with different elements and different “abduction” and “enticement” gave way to very definition of historical origins.3 a more modern name—alienation of 7 marriage and family under attack, the Alienation of Affections affections. The tort of alienation of underpinning of the family, namely affections was first recognized in New York The origin of alienation of affections as marriage, continues to crumble.1 in the 1866 case Heermance v. James.8 a cause of action can be traced to the While most citizens would agree that the Removal of the spouse was no longer English cause of action for abduction. In government should provide public policies required, and consortium came to include a these cases, a husband could recover to preserve and protect marriages and more emotional definition that embraced “love, damages for the loss of the “society and families, a move is afoot in the North society, companionship and comfort.”9 services” of his wife.
    [Show full text]
  • Torts -- 1955 Tennessee Survey
    Vanderbilt Law Review Volume 8 Issue 5 Issue 5 - August 1955 Article 16 8-1955 Torts -- 1955 Tennessee Survey John W. Wade Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Torts Commons Recommended Citation John W. Wade, Torts -- 1955 Tennessee Survey, 8 Vanderbilt Law Review 1131 (1955) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol8/iss5/16 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. TORTS-1955 TENNESSEE SURVEY JOHN W. WADE* I. NEGLIGENiCE 1. Breach of Duty to Use Care The decision of whether a defendant is negligent is normally for the jury to decide. This year, as in other years, the Tennessee courts have taken frequent opportunity to emphasize this,' though a directed verdict is proper when the jury could reasonably reach only a single re- 2 sult. The negligence issue is submitted to the jury in terms of the usual standard-whether the defendant acted as a reasonable prudent person would have acted under the same or similar circumstances. 3 At times some of the circumstances may be more specifically adverted to in the instructions. Thus, under the "emergency", or "sudden peril doctrine," specific reference is made to the emergency and the jury may be told that "he is not held to the same accuracy of judgment as would be required of him if he had time for deliberation."4 The only cases raising this matter during the Survey period did so for the purpose of emphasizing the limitation on the "doctrine" to the effect that it is inapplicable when the defendant creates the emergency by his own negligence.5 * Dean, Vanderbilt University School of Law; member, Tennessee Bar.
    [Show full text]