Family Law Commons^™

Domestic Relations—Breach Of Promise To Marry: Relic Revisited To Exclude Expectation Damages—Stanard V. Bolin, 88 Wn. 2d 614, 565 P.2d 94 (1977), D. Joseph Hurson

Washington Law Review

Plaintiff, relying on defendant's proposal of marriage, trained a replacement for her job, placed her home for sale, sold her furniture, and incurred normal expenses incidental to a future union. One month before the date of marriage, defendant informed plaintiff he would not fulfill his promise of marriage; she subsequently became ill, repurchased her home furnishings, and cancelled all wedding plans. Plaintiff brought suit for breach of promise to marry, seeking damages for (1) direct pecuniary losses; (2) pain, impairment to health, humiliation, embarrassment; and (3) loss of the expected financial security of marriage. The superior court dismissed the complaint …

Torts--Parent's Recovery For Loss Of Society And Companionship Of Child, Michael B. Victorson

West Virginia Law Review

In situations where a child has been killed or injured as the result of a third party's negligent, tortious act, case law overwhelmingly supports the view that a parent may not recover damages from the third-party tortfeasor for the loss of the child's society and companionship. A growing minority of cases, however, have expreessly recognized that such losses are recoverable, and other cases have employed language susceptible to the interpretation that recovery for such losses may be allowed. While most of this development has been in the area of wrongful death, rather than personal injury, the analysis for one area …

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein

Buffalo Law Review

Holden v. Alexander, 39 App. Div. 2d 476, 336 N.Y.S. 2d 649 (2d Dep't 1972).

Interspousal Immunity-Automobile Negligence

University of Richmond Law Review

At common law neither spouse could maintain an action against the other. With the passage of the Married Woman's Acts in the mid-nineteenth century it was agreed that a cause of action would then lie for property torts, but there was confusion as to whether the statutes gave a new cause of action for personal torts between the spouses. It therefore became a question of statutory interpretation, with the terminology of most of the statutes being consistent with either conclusion. The first courts to interpret the statutes held that no cause of action had been conferred and thereby laid the …

Parental Immunity- Its Effect On Vicarious Liability

University of Richmond Law Review

Parental immunity prohibits a child from instituting a suit against his parent for a personal tort. However, when a child has sustained injury as a result of his parent's tortious act committed in the course of his employment, and the child seeks recovery against his parent's employer under the doctrine of respondeat superior, the majority of jurisdictions feel that this immunity is purely personal and should not be extended to the employer.

Recent Decisions

University of Richmond Law Review

This is a summary of the case law that was decided in 1970.

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

Constitutional Law--Torts--Equal Protection Of Illegitimate Children, David L. Core

West Virginia Law Review

No abstract provided.

Parental Immunity--Its Application And Future, Thomas Ryan Goodwin

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Ellen Fairfax Warder

West Virginia Law Review

No abstract provided.

Action By Minor Child For Alienation Of A Parent's Affection

Washington and Lee Law Review

No abstract provided.

An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub

Michigan Law Review

No attempt is made here to conduct an exhaustive case study of any one particular area in which the concept of "domicile" is used as a tool for analysis in the conflict of laws. A number of thorough and useful studies have been made in narrow areas and are cited at appropriate places in the body of this article. Instead, this article will review the use of "domicile" in analyzing certain typical conflicts problems, particularly its use as the contact or pointing word in choice of law rules concerning the testate and intestate distribution of movables, and, as is newly …

Torts - Illegitimacy - Negligence - To Cause One To Be Born Into The World As A Bastard Is A Wrongful Act, Charles J. Weyandt

Duquesne Law Review

Where breach of a foreseeable duty is the proximate cause of damages a claimant is entitled to a trial.

Williams v. State of New York, 46 Misc. 2d 824, 260 N.Y.S.2d 953 (1965).

A bastard child is entitled to an equal start in life, although it has not yet been determined how much this will cost. The New York Court of Claims sustained an infant's cause of action for negligence, where the only damages alleged were the consequences of bastardy. The child was conceived as a result of a sexual assault upon her mother, a patient in a state …

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1965.

Family Law—Anti-Heart Balm Act—Legal Sufficiency Of Action For Money Damages Based On Bogus Wedding Ceremony, Stephen Kellogg

Buffalo Law Review

Tuck v. Tuck, 14 N.Y.2d 341, 200 N.E.2d 554, 251 N.Y.S.2d 653 (1964).

Torts - Wrongful Death Action Allowed On Behalf Of Still-Born Child Who Dies As Result Of Prenatal Injuries, Malcolm J. Gross

Villanova Law Review (1956 - )

No abstract provided.

Recent Cases

University of Richmond Law Review

This article is a summary of the case law that occurred in 1964.

Abstracts Of Recent Cases, Charles David Mcmunn

West Virginia Law Review

No abstract provided.

Torts - Illegitimacy - Illegitimate V. Father

Duquesne Law Review

To cause one to be born into the world as an illegitimate constitutes a tortious act-no remedy for injuries resulting from this act will be granted.

Zepeda v. Zepeda, 41 Ill. App. 2d 240, 190 N.E. 2d 849 (1963).

Parent-Child Tort Actions, Richard W. Dunn

Cleveland State Law Review

The rule in all states that have heard such actions is that an unemancipated child cannot sue his parent for a negligent tort in their ordinary family relationships. There does not appear to be any exception to that rule, unless the "business injury" rule (discussed below) is an exception. It is the opinion of this writer that this iron rule is archaic and should be changed. A total stranger may recover damages for the negligent act of a person who may be a parent, yet that same parent's own child may not recover.

Recent Cases

University of Richmond Law Review

This article provides a list of the recent cases and their summaries for the year of 1963.

Abstracts Of Recent Cases, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.

Torts--Parent And Child--Parent Liability For Tort Of Child Where Parent Negligent In Failing To Restrain Child, David Mayer Katz

West Virginia Law Review

No abstract provided.

Notable Legislation Of 1962, Harry L. Snead Jr.

University of Richmond Law Review

Unless otherwise indicated, the statutes and amendments noted below will be effective on June 29, 1962. All code refer- ences are to the 1950 Code of Virginia.

Negligence - Interspousal Tort Immunity - Action By Wife Against Deceased Husband's Estate, Charles E. Voltz

Michigan Law Review

When the automobile driven by plaintiff's husband collided with another vehicle, plaintiff's husband was killed and she was seriously injured and rendered mentally incompetent. Plaintiff's guardian brought a negligence action for her injuries against the other driver, who impleaded the administrator of her husband's estate as a third-party defendant. The trial court denied administrator's pre-trial motion for summary judgment, and subsequently entered judgment against the administrator. On certification, held, affirmed. The doctrine of tort immunity between spouses is based on a policy of preserving domestic peace and harmony and preventing fraudulent collusion against insurance companies, and does not apply …

Damages--Loss Of Consortium--Recovery By Either Spouse, Orton Alan Jones

West Virginia Law Review

No abstract provided.

Book Reviews, O. Kahn-Freund, Saul Medlovitz, Charles D. Kelso, J. Francis Paschal, Thomas A. Cowan, Lowell Turrentine, Richard S. Sullivan, G. Robert Ellegaard, Richard Arens, Ilmar Tammelo, J. Myron Jacobstein, Paul O. Proehl

Journal of Legal Education

No abstract provided.