Heartbalm Torts

Question 1

Torts

Answer 1

Alienation of Affection, Criminal Conversation, Breach of Promise to Marry, Seduction

Question 2

Alienation of Affections

Answer 2

1. P and spouse happily married
2. Genuine love and affection existed between them
3. Love and affection alienated and destroyed
4. Wrongful/malicious acts of D produced alienation between P and spouse

Question 3

Criminal Conversation

Answer 3

1. Sexual Intercourse

2. Involving D and spouse of P

Question 4

Physical separation of P and P’s spouse

Answer 4

No act of the D shall give rise to a cause of action for alienation of affection or criminal conversation that occurs after the P and the P’s spouse physically separate with the intent of either the P or P’s spouse that the physical separation remain permanent

Question 5

SOL for alienation of affections and criminal convo

Answer 5

Action shall not be commenced more than three years from the last act of the D giving rise to the cause of action

Question 6

Breach of promise to marry

Answer 6

It’s an agreement between two parties.

Question 7

When is promise to marry breached?

Answer 7

K is breached when one of the parties fail to perform.

Question 8

Proof of engagement

Answer 8

If conduct and declarations of parties clearly indicate that they regard themselves as engaged, it is immaterial as to what means they arrived in that state

Question 9

Seduction

Answer 9

securing intercourse via enticement or deception

Question 10

Who can sue for seduction?

Answer 10

parents if child is minor and women