Explain the nature and extent of claims based on adultery at common law

Answer 1

At common law, claims based on adultery were considered a breach of the marriage contract and were associated with the concept of "criminal conversation" or "alienation of affection." In essence, this meant that a spouse could sue a third party for damages resulting from an adulterous affair.

In a criminal conversation claim, the plaintiff would have to prove that their spouse engaged in sexual relations with the defendant, that the plaintiff was legally married to their spouse at the time, and that they suffered harm as a result of the affair. The harm could include loss of consortium, loss of affection, and damage to reputation.

An alienation of affection claim was similar, but instead of suing the third party for the sexual act itself, the plaintiff would sue for the intentional actions that led to the breakdown of the marriage. This could include actions like providing financial support to the spouse or actively pursuing them romantically.

Both types of claims were relatively common in the past, but have been largely abolished in many jurisdictions. While some states in the US still allow for these types of lawsuits, they are generally viewed as outdated and controversial.