Browsing by Author "Wright, Jimmy B."
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Item Criminal Conversation is Recognized as a Cause of Action in Texas(Texas Tech Law Review, 1973) Wright, Jimmy B.The Texas Supreme Court case, Felsenthal v. McMillian, held that criminal conversation may be maintained as a cause of action independent of the cause of action for alienation of affections. Criminal conversation, as it arose under the common law, provides plaintiff-spouses with a civil cause of action against an adulterous-spouse’s partner. The author notes, damages for criminal conversation are based on interference to the plaintiff-spouse’s exclusive right to have sexual relations with his or her spouse. Also, the author disagrees with the court and supports the merger of criminal conversation and alienation of affections causes of action to more realistically reflect the condition of the martial relationship after and adulterous act. Such a cause of action would be simpler, and it would eliminate recoveries by plaintiff-spouses where the marital relationship was not significantly disturbed by the adulterous act.Item Texas Allows Reformation of Land Contract to Correct Statute of Frauds Deficiencies if Identity Is Clear in the Minds of the Parties(Texas Tech Law Review, 1974) Wright, Jimmy B.The court held in Shotwell, that following an erroneous contract for the sale of real property, where the mistake is not in the identity of the real property which is clear to both parties, but is merely in the description of the real property contained in the contract, reformation is a proper remedy. The author suggests Shotwell is unique because the Texas Court of Civil Appeals separated identity of the land from the description of the land. Here, the court noted there can be no mutual mistake as to the identity of property, but there can be a mutual mistake of description. Based on this distinction, the author notes the Shotwell emphasizes a just result in view of surrounding circumstances, and predicts the Shotwell approach provides courts an important tool to reform a contract where the parties clearly intended to contract.