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Loss of consortium information


Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor. In this context, the word consortium means "(the right of) association and fellowship between two married people".[1] Damages may be claimed under three theories: incurred medical costs or those yet to be incurred by the plaintiff, the loss of an injured spouse's services, and loss of society (within certain parameters).

The common law rule of consortium has been amended or abolished by statute in many jurisdictions. The availability of loss of consortium differs drastically among common law jurisdictions and does not exist at all in several of them. Damages for loss of consortium are considered separately from, and are not to be confused with compensatory damages.

  1. ^ "consortium". Oxford English Dictionary (Online ed.). Oxford University Press. Retrieved 3 November 2019. (Subscription or participating institution membership required.)

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Loss of consortium

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Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a family relationship due to injuries caused by...

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Adultery in English law

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concept of loss of consortium, which made it possible for a cuckold to bring a civil case against an adulterer under tort law.: 216–21  'Consortium' in this...

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Tracy Morgan

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while at the time of the crash, Krista Millea was eight months pregnant, and the suit charges that she suffered loss of consortium due to the injuries...

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DE v RH

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common law allowed the award of damages from contumelia (though he disagreed with the trial court on loss of consortium). However, the Supreme Court raised...

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Heartbalm tort

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husband to visit a wife who has left him). A claim for damages based on loss of consortium is also sometimes considered a heartbalm action in England and elsewhere...

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Damages

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loss of amenity". Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of...

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Verdict

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(lost earning capacity, funeral expenses, loss of consortium, pain and suffering, etc.). In the words of William Blackstone, "The jury state the naked facts...

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Character evidence

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as well as in loss of consortium cases; character evidence is thus admissible to prove the substantive issues that arise in these types of lawsuits. If...

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South African law of delict

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sense), adultery, loss of consortium, alienation of affection, breach of promise (but only in a humiliating or degrading manner), violation of chastity and...

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Tort law in Australia

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[[Invasion of privacy (Australian tort law)|Invasion of privacy]] [citation needed] Defunct torts [[Loss of consortium|Loss of consortium]] [citation...

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Adultery laws

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for a spouse to prosecute an adulterer for damages on the grounds of loss of consortium until the Law Reform (Miscellaneous Provisions) Act 1970. Adultery...

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Tort

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sense), adultery, loss of consortium, alienation of affection, breach of promise (but only in a humiliating or degrading manner), violation of chastity and...

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Personal injury

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include less measurable costs such as pain and suffering, loss of consortium, the effects of defamation, and emotional distress. Personal injury torts...

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Liability insurance

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them in the courts, such as an employee's spouse who claims loss of consortium as a result of the employee's bodily injury on the job which was allegedly...

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Cattanach v Melchior

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applied for damages for loss and damage caused by pregnancy and birth, Mr Melchior applied for damages for loss of consortium and they jointly applied...

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Lynne Russell

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security resulting in severe injury, negligent infliction of emotional distress, loss of consortium and Unfair Trade Practices Act violations to motel operators...

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Death on the High Seas Act

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prior to death. Non-economic damages, such as loss of consortium (usually granted to a spouse for the loss of romantic and/or sexual relations with the deceased...

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Index of law articles

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Great Seal – Lord President of the Council – Lord Steward – Loss of consortium – Loss of use – Lost volume seller – Lower court – Lübeck law M'Naghten...

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Matrimonial Causes Act 1857

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punitive or exemplary but purely to compensate a husband's loss of consortium (marital services) of his wife and damages to his reputation, honour, and family...

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