Heart balm torts & Engagement Rings

Question 1

Heart Balm Tort

Answer 1

broughgt against third party that caused breakdown of an individual’s marriage; tort remedy for adultry
- therapists can be found liable/
- legal remedy for aldultry dependent on jurs. except religious institutions
- Aldutry: only sexual

Question 2

alienation of affections

Answer 2

the defendant has to be the controlling effect (in relation to the heart balm tort)
HB tort abolished in many states; may not preclude action for IIED. adultry is not a crime; cannot sure for adultry

when thrid party wins or diverts the affection of one spouses so that the other spouse is deprived of matial relationship

Question 3

Other causes of actions that are possible:

Answer 3

IIED and Breach of contract

Question 4

IIED

Answer 4

can occur in situations where there is deception about paternity, counselor-client relations bc of the outrageous nature of these incidents (also malpractice)

Question 5

Breach of promise to marry

Answer 5

tort remedy for engagement rings or wedding; maj dont recognize

Question 6

Engagement Rings

Answer 6

dependent on jurisdictions
- absolute gift
- conditional gift (fault or no fault)

Question 7

absolute gift

Answer 7

cannot recover for the engagement right

Question 8

conditional gift

Answer 8

fault: if party seeking to recover at fault then cannot recover (fault: person who cancelled)
no-fault: party can recover