NH Law About ...: Heart Balm Actions: Read The Law About ...

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New Hampshire Statutes

The current law in New Hampshire relating to these topics is listed below. RSA 508:11, Breach of Contract to Marry says that a breach of contract to marry shall not constitute an injury or wrong recognized by law. RSA 460:2, Wife's Contracts says in part that no damages shall be allowed to either spouse in any action based on alienation of the affections of the other spouse. In passing this law, the legislature noted that this previous ability to sue for alienation of affections was a “distasteful cause of action which is most frequently used as coercive pressure to gain an economic advantage in divorce actions."

RSA 460. Husband and Wife
See RSA 460:2
RSA 508. Limitation of Actions
See RSA 508:11

New Hampshire Cases

Below are some examples of heart balm actions brought under prior law.

Feldman v. Feldman. 125 N.H. 102 (1984)
This case requires us to determine whether the common-law tort action for criminal conversation should be abolished in this State. [W]e hold that the tort of criminal conversation is no longer a valid cause of action in this State.
Crossett v. Brackett, 79 N.H. 102 (1918)
Before a right of action accrues for the breach of a marriage contract, it must be averred and proved that the contract has been repudiated, and such repudiation must be shown by the acts, words, conduct, or deed of the party who so repudiates it, and to be without sufficient reason or cause. There must be a refusal to marry, or a repudiation in some way of the contract.
Lunt v. Philbrick, 59 N.H. 59 (1879)
if the defendant maintained such relations .with Margarett as induced her reasonably to believe that he intended to marry her ; if he held out such expectations to her father, and induced him reasonably to believe he intended to marry the daughter; and if in these circumstances he seduced her and got her with child, — you may consider the insult done to the plaintiff in the abuse of his hospitality and the betrayal of his confidence, and compensate him for this insult and for the injury to his wounded and mortified feelings, on account of the disgrace thus cast upon his family.
Davidson v. Goodall, 18 N.H. 423 (1846)
This is an action on the case for debauching the plaintiff’s servant, by which tortious act he was deprived of her services.
Sanborn v. Neilson, 4 N.H. 501 (1828)
This was an action for criminal conversation with the plaintiff’s wife ... [The trial court told the jury] that if they found for the plaintiff, he was entitled to recover damages to the extent of the injury sustained ; that the grounds on which damages were to be given were wounded feelings, disgrace, the loss of the assistance and society of the wife, and the introduction of spurious children into his family to be by him maintained ...

Please remember that this guide is for information purposes only and is not comprehensive.
It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use.
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