Source: Online list of judgments of the Japanese Supreme Court

Judgment upon the case negating tort liability of a third party who had sexual relations with either party of a married couple whose marital relation had already broken down to the other party of the couple

Date of the judgment: 1996.3.26.

Case number: 1993 (O) No.281

Reporter: Minshu Vol.50, No.4, at 993

Title: Judgment upon the case negating tort liability of a third party who had sexual relations with either party of a married couple whose marital relation had already broken down to the other party of the couple

Case name: Case to claim damages

Result: Judgment of the Third Petty Bench, dismissed

Second instance court: Tokyo High Court, Judgment May 28, 1992

Summary of the judgment:
In the case where a third party Z had sexual relations with X's spouse Y, if the marital relation between X and Y had already broken down by then, Z shall not be liable to X for a tort, unless required otherwise in special circumstances.

Presiding Judge, Justice KABE Tsuneo
Justice SONOBE Itsuo
Justice OHNO Masao
Justice CHIKUSA Hideo
Justice OZAKI Yukinobu

(This translation is provisional and subject to revision.)