Inter spousal immunity project: At common law, a husband and wife had inter-spousal immunity, which prevented lawsuits from being filed by one spouse against another. For instance, a husband who drives negligently while his wife is a passenger could not be sued if the wife sustained injuries due to the husband’s negligent driving. Over half of the states have abolished this inter-spousal immunity, even for personal injury suits. Other states have partially abolished it.
This is a two-part assignment.
Use Westlaw to locate a case involving a husband or wife suing their spouse or a child suing a parent. After you have located a case, summarize the case in one page, focusing on the facts of the case. This will not be a case brief, but rather a short factual synopsis.
Second, research the public policy regarding inter-spousal immunity. Why did many of the courts abolish this immunity? Provide a historical background for this type of immunity. How did public policy come into play? Research this topic well and provide a three page written report on your findings.
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