MBE Rules · Torts

Intrafamily & charitable immunities

The rule

At common law, spouses could not sue each other in tort (interspousal immunity) and unemancipated minors could not sue their parents (parental immunity). Most jurisdictions have abolished interspousal immunity entirely and have limited parental immunity to matters of core parental discretion (supervision, discipline, provision of necessaries), permitting suit for motor-vehicle negligence, intentional torts, and business activities. Charitable immunity, once shielding non-profit hospitals and charities from tort liability, has likewise been abolished or narrowly limited in nearly every jurisdiction, often subject to statutory damage caps.

In plain English

These old immunities have largely eroded. The exam-relevant residue is (a) parental immunity for exercises of parental discretion and (b) statutory caps that survive the abolition of charitable immunity.

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