ACTIONS AGAINST A WIFE

ACTIONS may be brought by or against a married woman in contract or in tort (i.e.., actions arising out of wrongs as personal injury, slander, libel, assault and anything not connected with contract), in the same way as against an unmarried woman. It is not necessary to join the husband with her as plaintiff or defendant. But there is a big distinction between contract and tort. In the former the husband is only liable if his wife has his implied authority; in tort he can be sued jointly with her for any tort committed during marriage whether the parties be separated or not, and has not as in contract any right of indemnity against her separate estate. The husband is only jointly responsible, and if he be sued alone the action will fail. The death of the wife, divorce, or a decree of judicial separation or a separation order removes the husbands liability in tort. Neither spouse can sue the other for a tort.

Under the Fatal Accidents Act, 1845, either husband or wife may sue a third party by whose negligence the death of the other has been caused. The action must be brought within a year from the death and it must be shown that the survivor has Buffered pecuniary damage or has lost a reasonable expectation of benefit. A statutory remedy under the Workmens Compensation Acts, 1906-1925, is avail. Able to the widow of a man whose death occurs by accident or disease arising out of, or in the course of, his employment.

Sorry, comments are closed for this post.

Share On Facebook
Share On Twitter
Share On Google Plus