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Alienation of Affection

Alienation of affection laws allow damages for interference with marital relations that destroy the comfort of married life. The defendant's actions must be the proximate cause of the alienation. Parents can be liable if their interference causes a spouse to withdraw from the family. Malice, or intentional wrongdoing aimed at injuring the plaintiff, is required. Telecommunication companies can be liable if negligence in message delivery disturbs a family's peace of mind. Intentional infliction of emotional distress requires conduct that would severely distress a reasonable person, like spreading false rumors about infidelity. Discrimination laws prohibit different treatment in employment, public transportation, hotels, and other areas based on disability status.

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Shim-b Tiu
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221 views2 pages

Alienation of Affection

Alienation of affection laws allow damages for interference with marital relations that destroy the comfort of married life. The defendant's actions must be the proximate cause of the alienation. Parents can be liable if their interference causes a spouse to withdraw from the family. Malice, or intentional wrongdoing aimed at injuring the plaintiff, is required. Telecommunication companies can be liable if negligence in message delivery disturbs a family's peace of mind. Intentional infliction of emotional distress requires conduct that would severely distress a reasonable person, like spreading false rumors about infidelity. Discrimination laws prohibit different treatment in employment, public transportation, hotels, and other areas based on disability status.

Uploaded by

Shim-b Tiu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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1.

Alienation of Affection- Under this article the rights of persons are amply protected, and
damages are provided for violation of person’s dignity, personality, privacy and peace of mind.

2. Alienation of affection – interference with such obligation may result in tort liability known as
alienation of affection.

It extend to all cases of wrongful interference in the family affairs of others whereby one spouse
is induced to leave the other spouse or to conduct himself or herself that the comfort of married
life is destroyed.

3. It is necessary that the wrongful acts of the defendant were the efficient cause and the fact that
there are other causes that contributed to the alienation will not affect the liability.

4. Alienation of affection by inlaws- interference by the parents of the spouse, like the parents of
the wife, on the assumption that the wife was ill treated to an extent that justifies her in
withdrawing from her husband’s society and control , it may reasonably be presumed that

Malice consists of intentional doing of the wrongful act to the injury of the plaintiff.

5. The NCC aims to deter meddling of so called friends who poison the mind of one or more
members of the family against the other member.

The requirement of malice

6. A person is liable under ART. 26 of the Fam code, if he disturbs a family relations;

Radio Communication of the Philippines, Inc. V. Valdez it appears that Grace Verchez Infante sent a
telegram to her sister Zenaida through the petitioner asking the latter to send them money in Sorsogon
because their mother was confined in the hospital. Since there was no respondent even after the lapse
of 3 days, a letter was sent through courier service to Zenaida reprimanding her for not sending a
financial aid. The telegram was finally received 25 days after the same was sent. The SC ruled; petitioner
was liable under art. 26 RCPI’S is negligence is not promptly performing its obligation undoubtedly
disturbed the peace of mind not only of grace but also her co respondent.

7. Obloquy OBLIKWE -strong public criticism


Not the usual NORM society observe (Extreme and Outragoes conduct)
The defendant’s actions must have been so terrifying as naturally to humiliate, embarrass or frighten the
plaintiff.
EXAMPLE

• Your supervisor calls you into the office to ask you out on a date. You decline. Shortly
after that, rumors are going around the workplace that you slept with several different
coworkers. It’s the supervisor that started the rumors.
• Someone rushes into your office. They tell you that your spouse has just been killed in a
car accident. It isn’t true, but your coworker just wanted to upset you. You’re severely
emotionally distressed.
Parasitic Damages v Intentional Infliction of Emotional Distress
Bouillon v Laclede Gaslight Co – Δ tried to force his way into π’s apartment to read the gas meter (so he was a trespasser) and π suffers a miscarriage as a result
Ct found that there would only have been nominal damages for the trespass, but the parasitic damages (severe emotional distress) were awarded.

Intentional Infliction of Emotional Distress – separate intentional tort (no parasitic damages allowed)

Parasitic Damages – a rider on other intentional torts (trespass, battery, assault)


8. Unjust vex
It is generally declared that there can be no recovery for insults, indignities or threats
which are considered to amount to nothing more than mere annoyance or hurt feeling.
All events, it would be essential to prove that personal damage is directly suffered by the
plaintiff on account of the wrongful act of the defendant.

9. Different forms of discrimination are expressly prohibited under the existing laws

10 SECTION 32. Discrimination on Employment. – No entity, whether public or private, shall


discriminate against a qualified disabled person by reason of disability in regard to job application
procedures, the hiring, promotion, or discharge of employees, employee compensation, job training, and
other terms, conditions, and privileges of employment. The following constitute acts of discrimination:

SECTION 34. Public Transportation. – It shall be considered discrimination for the franchises or
operators and personnel of sea, land, and air transportation facilities to charge higher fare or to refuse to
convey a passenger, his orthopedic devices, personal effects, and merchandise by reason of his disability.

SECTION 36 EX. INN OR HOTEL REFUSES TO ACCEPT THE GUEST DUE TO HIS ABILITY

HARASSMENT IS LIKEWISE punishable under RA-9262

QUID PRO QUO- a favor or advantage granted or expected in return for something.

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