Best v Samuel Fox & Co Ltd
1952 · [1952] AC 716
Posted By lanbuk.com
- Facts
- A husband's injuries at work left him unable to have sexual intercourse. He was compensated. His wife then sued the employer for her loss of .
- Issue
- Does a wife have an action for loss of consortium caused by a to her husband?
- Held
- No. The House refused to extend the husband's historical action to the wife.
- Principle
- The action for loss of consortium is an anomaly in favour of the husband. It is not a general right of both spouses.
- Why it matters
- Enticement and harbouring remain available in Sierra Leone. This case is the reason a wife still cannot sue for this particular loss.
Words and Latin in this note
- Consortium
- The bundle of rights marriage gives each spouse: society, sexual intercourse, and the domestic life of the household. It is mutual. It is not enforced by locking a spouse up, and it is not a right to beat her. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.