by Dr Jinal Dadiya, Lecturer in Law, Goldsmiths University of London
Introduction
There has been a recent rise in former romantic partners instituting tortious actions against one another for events which took place within the course of their romantic relationships. This is the case both in the UK,[1] and in other common law jurisdictions.[2] In the last year, English courts have seen at least two influential personalities being sued by their romantic partners in tort.[3] Currently, the law of obligations tries to resolve such disputes by applying general standards of private law, without however recognising special duties or exceptions on account of the parties’ romantic involvement. This reticence has been rationalised through appeals to discretion, emotional complexity, the public-private divide, and the perceived moral volatility of intimacy.[4] As courts and legislatures confront coercive control, emotional manipulation, and technologically mediated abuse, an important jurisprudential reconsideration is underway: what constitutes a civil wrong in the context of romantic relationships, and how might tort law be recalibrated to attend to it? In this blog entry, I argue that normative answers may be found in legal histories of heartbreak.
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