R v Jackson
1891 · [1891] 1 QB 671
Posted By lanbuk.com
- Facts
- A husband seized his wife and confined her in order to force her to live with him and to restore his right of .
- Issue
- May a husband imprison his wife to enforce cohabitation?
- Held
- No. The Court of Appeal ordered her release.
- Principle
- Consortium is not enforced by force. There is no right of chastisement and no right of confinement.
- Why it matters
- The common-law starting point for the Domestic Violence Act. A protection order is the modern remedy. Confinement is a crime.
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.
Also on Lanbuk
- R v Jackson in Lanbuk on Constitutional Law
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.