| 单词 | Loss of consortium |
| 释义 | 配偶權利的損失 An action brought by a husband to recover loss suffered as a result of being deprived of the comfort, society, and services of his wife. Loss of consortium was based on the rationale that a husband had a proprietary interest in his wife and her services. At common law, the court is not prepared to allow the claim under this head for a wife: Best v Samuel Fox & Co Ltd [1952] AC 716, 2 All ER 394 (HL). In Hong Kong, loss of consortium has been abolished, no person shall be liable in tort to a husband on the ground only of having deprived him of the services or society of his wife: Law Amendment and Reform (Consolidation) Ordinance (Cap 23) s 20B(a). However, the husband’s right to claim for loss of ‘society’ but not ‘service’ has been preserved: s 20C(1)(a). Such right arose only in the instance where the injured wife survived and not where the wife died as a result of the injury which would give rise to a claim for bereavement under the Fatal Accidents Ordinance (Cap 22) s 4: Chan Ki & Anor v Travel Trade Communication Network and Marketing Services Ltd & Anor [1998] 2 HKC 57 (CFI). See also Compensation to relatives; Consortium. 丈夫就被剝奪妻子所提供的舒適生活、情誼及服務而追討所蒙受的損失而提出訴訟。配偶權利的損失是基於某丈夫擁有妻子及其服務的所有人權益。在普通法上，法庭並不準備允許就妻子作出申索的項目：Best v Samuel Fox & Co Ltd [1952] AC 716, 2 All ER 394 （上議院）。在香港，損失配偶權利已被廢除。若僅以丈夫被剝奪了妻子的服務或情誼為理由，則無人須對該丈夫負侵權的法律責任：《法律修訂及改革（綜合）條例》（第23章）第20B (a)。但丈夫就失去情誼而非服務的申索權利獲得保留：第20C(1)(a)。如受傷的妻子尚存，方可引起此等權利，如妻子因受到傷害而死亡，則可導致根據《致命意外條例》（第22章）第4條而就親屬喪亡之痛提出申索；Chan Ki & Anor v Travel Trade Communication Network and Marketing Services Ltd & Anor [1998] 2 HKC 57 （高等法院原訴庭）。另見Compensation to relatives; Consortium。 |
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