Also known as: affections · consideration
Written by attorneys · grounded in primary & secondary sources — see below
Fond attachment, devotion, or love. This emotional bond supplies the basis for certain tort claims when a third party interferes with a family relationship.
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Angela Acosta conveyed her home to Anchor Bank by deed in lieu of foreclosure after missing several payments. The bank accepted the deed and discharged the debt. Angela later claimed the transfer was the product of duress because the bank threatened to publicize her personal family difficulties. The court examined whether the transaction reflected genuine affection or was instead the result of improper pressure.
The President delivered the State of the Union address and recommended new legislation to Congress. In the speech the President highlighted the affection citizens feel for their communities and urged measures to protect family bonds. Congress considered the recommendations but took no immediate action.
Alan Ackerman offered to pay Alexis Archer a sum of money to settle her claim for alienation of affections. During the talks Alan expressed his continuing affection for his spouse. The court later refused to admit evidence of the offer to prove liability.
Audrey Ashton promised to watch Ariana Azizi's child while Ariana was away. Audrey recognized the need to protect the child's emotional well-being and the affection the child felt for its caregiver. When Audrey failed to exercise reasonable care the child suffered harm, giving rise to liability under the undertaking.
A jury awarded punitive damages against a defendant who had interfered with a marriage by exploiting the affection between the spouses. On appeal the court applied the three guideposts to determine whether the award was excessive.
Aisha Ahmed and her spouse signed a marital property agreement that addressed division of assets acquired through gifts motivated by affection. The document was enforceable without additional consideration because both spouses had signed it.
Affection refers to the fond attachment, devotion, or love that exists between spouses or family members. Interference with that bond can give rise to a tort claim when a third party causes the loss of the relationship.
…Commission on Accreditation of Hospitals." The providing of medical information by physicians to state legislatures in their consideration of legislation regarding therapeutic abortion was "to be considered consistent with the principles of ethics of the American Medical Association." This recommendation was adopted by the…