In the common law tradition, a heartbalm tort or heartbalm action is a civil action that a person may bring to seek monetary compensation for the end or disruption of a romantic or marital relationship. A heartbalm statute is a statute forbidding such actions.[1]
Heartbalm actions in the United States typically include seduction, criminal conversation, alienation of affection, and breach of promise to marry.[1] Of these, criminal conversation and alienation of affection are marital torts, originally restricted to husbands but in many states later made available to spouses regardless of gender.[2] Seduction and breach of promise are nonmarital torts.[2]
In England and other common law jurisdictions, additional heartbalm actions were traditionally recognized, such as enticement and wrongful harbouring (tortious refusal to allow a husband to visit a wife who has left him).Шаблон:Sfn A claim for damages based on loss of consortium is also sometimes considered a heartbalm action in England and elsewhere.Шаблон:Sfn
In the United States, heartbalm actions were widespread until high-profile stories in the early 20th century about heartbalm claims being abused for blackmail and extortion led to calls for repeal.[3] The first state to abolish all heartbalm actions was Indiana, with “An Act to promote public morals” in 1935.[4] By 1952, 16 more states had followed its example.[4] Many states that abolished other heartbalm torts retained the tort of seduction, however; of the ten states that had abolished heartbalm actions by 1938, four allowed minors to sue for seduction and three more kept the tort of seduction intact.Шаблон:Sfn
In the United States, as of 2016, seven states still allow heartbalm actions: Hawaii, Mississippi, Missouri, New Mexico, North Carolina, South Dakota, and Utah.[5] However, such actions are uncommon even where they are still allowed.[5]
