On the one hand, it will be said, if concessions are made, the Parliament endanger the loss of their authority over the Colony: on the other hand, if external forces should be used, there seems to be danger of a total lasting alienation of affection
. Is there no alternative?
Furthermore, it does not promote the best interests of the child and is derived from the dying tort of alienation of affections. Instead, the legislature and judiciary should revisit the remedies found in family law and other presently-existing torts to hone the sharpest weapons for fighting parental alienation.
The position against this provision is based on the following: (1) the action lacks precedent; (2) excessive litigation may result if the tort continues to be recognized; (3) the elements of the action are derived from the heavily-criticized tort of alienation of affections; (4) fraudulent, extortionary use among family members is possible; (5) the action ineffectively combats parental alienation; and (6) other torts could be utilized to address the related wrongs.
(57) Enticement "evolved into the modern day alienation of affections tort." (58) The mother-in-law became as accessible a target as the paramour.
McDougal, Comment, Legislating Morality: The Actions for Alienation of Affections and Criminal Conversation in North Carolina, 33 Wake FOREST L.
The husband sued the policyholder on, among other grounds, "alienation of affections
." The policyholder tendered this suit to his insurer but the insurer denied coverage.
The South Dakota Supreme Court held in February that public policy does not require abolition of the tort of alienation of affections
. (Veeder v.
It was a classic case of alienation of affections
. He jealously got back at me by getting into the garbage and dragging it from the kitchen onto what was previously our new beige dining-room rug.
Awards have been held to be excludible in actions based on emotional distress, injury to reputation, sex, age or race discrimination, wrongful termination, alienation of affections
and wrongful death.
Cayton sues King for alienation of affections
. Every night, TV news programs interview a different Tyson or Givens relative.
(236) Adulterous behavior by another spouse can affect aspects of the case such as alimony and the ability to bring claims for intentional torts, including intentional infliction of emotional distress or alienation of affections
. (237) This creates legal inconsistencies, as it allows spouses who have had an affair to escape legal actions against them, which were specifically created to prevent people from committing adulterous behavior.
(16) Nonphysical injuries to which the exclusion has been applied to shelter damages from taxation include alienation of affections