Immunities

Question 1

Husband-Wife Immunity

Answer 1

At common law, husband-wife immunity prevented one
spouse from maintaining an action against the other. It was argued that such suits
between spouses would disrupt domestic tranquility. Modernly, husband-wife immunity
does not exist in most jurisdictions.

Question 2

Parent-Child Immunity

Answer 2

Traditionally parent-child immunity has been applied so that a
parent and minor child are immune from suits against each other in tort action.
However, suits involving interference with property interests have been freely allowed.
Many jurisdictions have abolished parent-child immunity.

Question 3

Charitable Immunity

Answer 3

Charitable immunity traditionally prevented non-paying recipients
from suing a charity. However, paying recipients could sue the charity because, as to
them, it was not a charity; it was a business. Modernly, the trend is to abolish the
immunity and to hold non-profit organizations liable to the same extent as any other
wrongdoing defendant.

Question 4

Governmental Immunity

Answer 4

Governmental immunity has been applied to prevent suits
against a governmental entity unless that entity has consented to the suit. A substantial
number of jurisdictions have totally abolished the immunity of municipal governments,
and in several states, the immunity of the state government has also been terminated.