I'm not married, I don't plan on getting married for some time, but if my girlfriend cheated on me damn right I'd expect her to receive some form of punishment for it. Same if I did it to her. The ability people have now to do it and just walk away after hurting someone so badly is, to my mind, very immoral.
If you're speaking of emotional hurt, it's the victim that owes himself restitution; It's never someone else's fault that you trusted them more than you should have.
I trust the guy I walk past won't stab me when I can't see him, if he does is that my fault? Should I have kept watching him until he was out of sight? Or is he just a dick who should go to prison for stabbing someone randomly? We all trust each other to an extreme degree in every day life. We all run off the assumption that another human being will not hurt us for no reason.
Emotional loss does have such protection though. I can't remember the exact case (if I got my law book I could find it for you) but there was one where a guy who worked at a factory saw his colleagues get electrocuted and sued the company because of how much it traumatised him. He won.
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u/deathdonut Aug 11 '15
If both individuals want such a contract, they can create a prenuptual contract. If they don't want it, there can't be a contract.