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Neal v. Neal
Idaho Court of Appeals
873 P.2d 881 (1993)
Thomas Neal (defendant) was married to Mary Neal (plaintiff). Thomas was having sexual relations with both Mary and another woman. Mary learned about the affair and sued Thomas for battery, claiming that she would not have consented to having sexual intercourse with Thomas if she had known of his infidelity. Mary’s claim for battery was dismissed because she had consented to the physical contact. Mary appealed.
Rule of Law
Holding and Reasoning (Walters, C.J.)
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