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    Husband and Wife Act

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    Delando Coriah
    This 3 sentence summary provides the key details about the Law Reform (Husband and Wife) Act of 1970: The Law Reform (Husband and Wife) Act of 1970 established that each party to a marriage shall have the same right of action in tort against the other as if they were not married, allowing husbands and wives to sue each other for tort claims. However, the Act also allows courts to stay actions between spouses if no substantial benefit would come from the case or the issues could be more conveniently resolved in other proceedings. The Act does not apply to causes of action that arose before April 28, 1970.

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    © All Rights Reserved
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    Husband and Wife Act

    Uploaded by

    Delando Coriah
    118 views2 pages
    This 3 sentence summary provides the key details about the Law Reform (Husband and Wife) Act of 1970: The Law Reform (Husband and Wife) Act of 1970 established that each party to a marriage shall have the same right of action in tort against the other as if they were not married, allowing husbands and wives to sue each other for tort claims. However, the Act also allows courts to stay actions between spouses if no substantial benefit would come from the case or the issues could be more conveniently resolved in other proceedings. The Act does not apply to causes of action that arose before April 28, 1970.

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    Law

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    This 3 sentence summary provides the key details about the Law Reform (Husband and Wife) Act of 1970: The Law Reform (Husband and Wife) Act of 1970 established that each party to a marriage shall have the same right of action in tort against the other as if they were not married, allowing husbands and wives to sue each other for tort claims. However, the Act also allows courts to stay actions between spouses if no substantial benefit would come from the case or the issues could be more conveniently resolved in other proceedings. The Act does not apply to causes of action that arose before April 28, 1970.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    118 views2 pages

    Husband and Wife Act

    Uploaded by

    Delando Coriah
    This 3 sentence summary provides the key details about the Law Reform (Husband and Wife) Act of 1970: The Law Reform (Husband and Wife) Act of 1970 established that each party to a marriage shall have the same right of action in tort against the other as if they were not married, allowing husbands and wives to sue each other for tort claims. However, the Act also allows courts to stay actions between spouses if no substantial benefit would come from the case or the issues could be more conveniently resolved in other proceedings. The Act does not apply to causes of action that arose before April 28, 1970.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    LAW REFORM (HUSBAND AND WIFE) 1

    THE LAW REFORM (HUSBAND Act


    11 of 1970.
    AND WIFE) ACT

    [28th April, 1970.1

    1. This Act may be cited as the Law Reform (Husband Shorttitle.


    and Wife) Act.
    2.-(l) Subject to the provisions of this section, each of Actionsin
    tort bctwcen
    the parties to a marriage shall have the like right of action husband
    and wife.
    in tort against the other as if they were not married.
    (2) Where an action in tort is brought by one of the
    parties to a marriage against the other during the subsis-
    tence of the marriage, the court may stay the action if it
    appears-
    (a) that no substantial benefit would accrue to either
    party from the continuation of the proceedings; or
    (b) that the question or questions in issue could more
    conveniently be disposed of on an application
    made under section 16 of the Married Women’s
    Property Act (determination of questions between.
    husband and wife as to the title to or possession
    of property),
    and without prejudice to paragraph (b) the court may, in
    such an action, either exercise any power which could be
    exercised on an application under the said section 16, or
    give such directions as it thinks fit for the disposal under
    that section of any question arising in the proceedings.
    (3) Provision shall be made by rules of court for
    requiring the court to consider at an early stage of the(
    proceedings whether the power to stay an action under sub-
    section (2) should or should not be exercised.
    me inclusion of this page is authorized by L.N. 480/1973]
    \

    2 LAW REFORM (HUSBAND AND WIFE)

    (4) In subsection (1) the expression “the parties to a


    marriage” includes the persons who were parties to a
    marriage which has been dissolved.
    Savingfor 3. This Act does not apply to any cause of action which
    certain
    causesof arose, or would, but for the subsistence of a marriage have
    action. arisen, before the 28th April, 1970.

    me inclusion of this page i s authorized by L.N. 480/1973]

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