§572-28 - Suits by and against. - Hawaii Statutes

     §572-28  Suits by and against.  A married person may sue and be sued in the same manner as if the person were sole.  This section shall be construed to authorize tort suits between spouses. [L 1888, c 11, §5; RL 1925, §2998; RL 1935, §4649; RL 1945, §12370; RL 1955, §325-5; HRS §573-5; ren and am L 1987, c 46, pt of §2; am L 1993, c 70, §2]

 

Cross References

 

  Torts, who may sue and for what, see §663-1.

 

Law Journals and Reviews

 

  Empowering Battered Women:  Changes in Domestic Violence Laws in Hawai`i.  17 UH L. Rev. 575.

  Interspousal Torts:  A Procedural Framework for Hawai`i.  19 UH L. Rev. 377.

 

Case Notes

 

Prior to 1993 amendment:

  See 4 U.S.D.C. Haw. 547, 561.

  Action on contract.  9 H. 543.

  Section does not preclude wife from contracting to pay for articles which the husband is bound to furnish.  19 H. 494.

  Married female infant cannot sue without next friend or other proper representative.  20 H. 596.

  Wife cannot sue husband in equity without next friend.  24 H. 632.

  Promissory note by agent of husband as such agent payable to wife is void.  31 H. 32.

  Prohibition does not extend to suits in equity involving adjudication of property rights of spouses.  42 H. 455.

  Liability of wife who is joint owner of land with her husband.  47 H. 149, 384 P.2d 303.

  Interspousal tort immunity upheld.  63 H. 653, 634 P.2d 586.

  Does not bar third party action by defendant against plaintiff's wife.  68 H. 505, 720 P.2d 181.