16 April 2007

My Favorite Tort

loss of consortium
n. the inability of one's spouse to have normal marital relations, which is a euphemism for sexual intercourse. Such loss arises as a claim for damages when a spouse has been injured and cannot participate in sexual relations for a period of time or permanently due to the injury, or suffers from mental distress, due to a defendant's wrongdoing, which interferes with usual sexual activity. Thus, the uninjured spouse can join in the injured mate's lawsuit on a claim of loss of consortium, the value of which is speculative, but can be awarded if the jury (or judge sitting as trier of fact) is sufficiently impressed by the deprivation.

2 comments:

jennymae said...

I'd be interested to know who is more likely to perceive a loss of consortium as a deprivation: men or women?

The Cynical Idealist said...

Yeah and then who's more likely to sue and if it has any correlation to the perceived loss. Like, is there any taboo to admitting you've undergone a loss of consortium? Kind of reminds me of when impotence was grounds for divorce.