Interspousal Tort Immunity in Texas Abolished for All Causes of Action: Price v. Price, 732 S.W.2d 316 (Tex. 1987)

Date

1988

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Examines the history of and rationale behind the doctrine of interspousal tort immunity in Texas, and the recent abolition of the doctrine by the Texas Supreme Court for all causes of action. While recognizing the decision a positive step toward the full recognition of married women as legal entities separate and apart from their husbands, the author concludes that the court’s failure to address one of the doctrine’s underlying public policy concerns—the danger of collusive lawsuits—will likely warrant further judicial review of the court’s holding.

Description

Keywords

Doctrine of interspousal tort immunity, Tort law, Interspousal suits, Intrafamily suits, Marital/domestic harmony, Collusive claims, Public policy

Citation

19 Tex. Tech L. Rev. 207