Concept:
The legal bond of marriage creates mutual rights and obligations between the spouses that are recognized by both Family Law and the Law of Torts.
• Consortium: This term refers to the "association" or "partnership" between a husband and wife.
• Components: It includes the right to company, affection, comfort, and sexual relations.
Step 1: Defining the Scope of the Right.
The right of a spouse to the society and services of the other is the
Right of Consortium.
Historically, this allowed one spouse to sue a third party for "loss of consortium."
If a third party negligently injures one spouse, the other spouse may suffer a loss of their company and help. This "consortium" is the specific legal interest being protected.
Step 2: Distinguishing from Conjugal Rights.
While "Conjugal Rights" refers to the right to live together as a couple.
Consortium is the broader legal term for the right to each other's company.
It covers the entire spectrum of companionship and mutual assistance that flows from a valid marriage. Therefore, the most appropriate legal term for this right is the
Consortium right.