Wilson v Genet and Wilson

Facts

A husband sued the adulterer for damages. At first instance damages were refused because the adultery was during a separation. The Court of Appeal took a different view of the facts.

Issue

Are adultery damages available in a separate action, and are they punitive?

Held

An independent action lies. The Court of Appeal awarded damages. Tambiah JA held they are compensatory only: the value of the wife and the injury to the husband's feelings. The adulterer's wealth does not aggravate them.

Principle

Section 20 creates a tort. Separation goes to the amount. It does not abolish the claim. The wife has no equivalent action.

Why it matters

The local authority on quantum. Do not ask for exemplary damages.

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