Description
Rare 1816 Trial Report Lord Geo. T. Beresford Against the Earl of Bective
Hone’s Edition The Fullest Report of the Trial Before a Special Jury, Saturday, June 29, 1816 Lord Geo. T. Beresford Against The Earl of Bective Eldest Son of the Marquis of Headfort for Crim. Con. with Lady Beresford Who is Now Insane Verdict £10,000! With Biographical Notices and a Character of the Marquis of Headfort by the Rt Hon J. P. Curran
A sensational trial and verdict in a case for CRIMINAL CONVERSATION a charge meaning adultery, this process was based on trespass and, as women were legally seen as the property of their husbands, was only available to men. At common law, criminal conversation, often abbreviated as Crim. Con., is a tort arising from adultery. ‘Conversation’ is an old euphemism for sexual intercourse that is all but obsolete today.
It is similar to breach of promise, a tort involving a broken engagement against the betrothed, and alienation of affections, a tort action brought by a spouse against a third party, who interfered with the marriage relationship. These torts have been abolished in most jurisdictions. The tort of criminal conversation was abolished in England and Wales in 1857; in Northern Ireland in 1939; in Australia in 1975; and in the Republic of Ireland in 1981. Prior to its abolition, a husband could sue any man who had intercourse with his wife, regardless of whether she consented – unless the couple was already separated, in which case the husband could only sue if the separation was caused by the person he was suing.
Criminal conversation still exists in parts of the United States, but the application has changed. At least 29 states have abolished the tort by statute and another four have abolished it judicially. The tort of criminal conversation seeks damages for the act of sexual intercourse outside marriage, between the spouse and a third party. Each act of adultery can give rise to a separate claim for criminal conversation.
62 pages, disbound copy
5.75 x 9.25 inches
