Torts - Criminal Conversation - Nebraska Supreme Court Upholds the Civil Action for Adultery
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Authors
Brady, Patrick J.
Issue Date
1979
Volume
12
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The common law tort of criminal conversation, the major civil remedy for adultery, occurs when the defendant engages in sexual intercourse with the plaintiffs spouse without the plaintiff's consent. Despite the fact that fifteen American jurisdictions have abolished this tort, the Nebraska Supreme Court in Kremer v. Black upheld a spouse's right to recover damages from a third party for adultery between the spouse's mate and the third party. In doing so, the court invoked the rule of stare decisis and held also that the legislature was the proper forum for any modification or abrogation of the action for criminal conversation. Furthermore, the court adhered to the common law position which strips a defendant of all defenses to liability for adultery, save the plaintiff's consent, and which presumes damages to the plaintiff once the act of adultery has been established...
Description
Citation
12 Creighton L. Rev. 1369 (1978-1979)
Publisher
Creighton University School of Law