CONSORTIUM AS AN INTEREST IN THE LAW OF TORTS

Abstract

The author commends the view of negligence whereby the scope of liability depends on the interest of the plaintiff that has been injured. The major problem with this view is finding a way to distinguish between interests in a way that clarifies when two interests, rather than different features of the same interest, have been injured. Rather than discuss this problem generally, the author examines the problems involved in one specific question: whether a spouse should be allowed to recover damages for loss that may have occurred in respect of injury to the other spouse. In light of recent judgments, the author revisits the question of consortium in modern law.