Shearer v. Shearer

This case requires us to evaluate the entire concept of intrafamilial immunity since it involves both a husband and wife suit and a parent and child suit.

Oversimply, the reasons advanced in favor of intrafamilial immunity are based on two considerations. The first is a public policy argument that the courts should not interfere with the basic social unit, the family, nor promote any rule which interferes with the harmonious conduct of the family’s affairs. The second is economic, i.e., that intrafamilial suits will lead to a drain on the family finances, or fraud and collusion, or perhaps…