Law Reform (Husband and Wife) Act 1962

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Law Reform (Husband and Wife) Act 1962
Act of Parliament
Royal Coat of Arms of the United Kingdom (Variant 1, 2022).svg
Long title An Act to amend the law with respect to civil proceedings between husband and wife
Citation 10 & 11 Eliz. 2. c. 48
Territorial extent England and Wales, Scotland
Dates
Royal assent 1 August 1962
Other legislation
Amended by Family Law (Scotland) Act 2006
Status: Amended
Text of statute as originally enacted
Text of the Law Reform (Husband and Wife) Act 1962 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Law Reform (Husband and Wife) Act 1962 (10 & 11 Eliz. 2. c. 48) is an Act of the Parliament of the United Kingdom that allows husbands and wives to sue each other under tort law. Originally covering both England and Wales and Scotland, the Scottish provisions were repealed by the Family Law (Scotland) Act 2006.

Contents

Act

Under the common law and Section 12 of the Married Women's Property Act 1882, a husband and wife were incapable of committing tortious acts against each other, and could not sue each other under tort law. The Law Reform Committee, in its Ninth Report, recommended the abolition of this set of circumstances, and their recommendation was made into the Law Reform (Husband and Wife) Bill, which was given royal assent on 1 August 1962. [1]

The Act provides that married couples can sue each other under tort, with two exceptions; first, where the court believes there would be no great benefit from a legal action (in which case it can stay the proceedings) and second, when the dispute is to do with property. [2]

Related Research Articles

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Nuisance is a common law tort. It means something which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir James Fitzjames Stephen as,

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<i>National Provincial Bank Ltd v Ainsworth</i>

National Provincial Bank Ltd v Ainsworth [1965] is an English land law and family law case, concerning the quality of a person's interest in a home when people live together, as well as licenses in land.

The National Woman Suffrage Association (NWSA) was based in New York City, the movement was created by Elizabeth Cady Stanton and Susan B. Anthony. The Married Women's Property Acts are laws enacted by the individual states of the United States beginning in 1839, usually under that name and sometimes, especially when extending the provisions of a Married Women's Property Act, under names describing a specific provision, such as the Married Women's Earnings Act. The Married Women's Property Acts helped to rectify some of the difficulties that women faced under coverture, the English common law system that subsumed married women's ability to own property, wages, enter into contracts, and otherwise act autonomously, to their husband's authority. After New York passed its Married Women's Property Law in 1848, this law became the template for other states to grant married women the right to own property.

References

  1. K.-F. (1962) p.695
  2. K.-F. (1962) p.696

Bibliography