Sherman V. Church of Divine Light (Causes of Action)

1044 words 5 pages
Mark A. Puno
PA310 – Tort Law
Prof. Laurence Mraz
22 May 2011
Unit 1 Assignment


What are the possible causes of action that one can take against the church?

In the case of the fifteen-year-old Rob Jr., the Church of Devine Light was at fault will be held responsible for the actions of Tom Marsden, an employee of the church, under strict liability. Rob’s parents, Rob Sr. and Bunny, could file charges against Tom Marsden and the Church of Devine Light for negligence, intentional infliction of emotional distress, and false imprisonment. Tom Marsden intentional misled Rob Jr. and brainwashed him into staying with the church. Mr. Marsden also threatened and assaulted Rob Jr. by telling him "If you leave, you will be thrown
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Battery: Offensive and intentional contact, direct or indirect, which causes injury.
False Imprisonment: depriving someone of freedom of movement by holding a person in a confined space or by physical restraint including being locked in a car, driven about without opportunity to get out, being tied to a chair or locked in a closet. It may be the follow-up to a false arrest (holding someone in the office of a department store, for example), but more often it resembles a kidnapping with no belief or claim of a legal right to hold the person. Therefore, false imprisonment is often a crime and if proved is usually the basis of a lawsuit for damages.
Infliction of Emotional Distress: Mental Anguish - mental suffering which includes fright, feelings of distress, anxiety, depression, grief and/or psychosomatic physical symptoms. It is distinguished from physical pain due to an injury, but it may be considered in awarding damages for physical injury due to a defendant's negligence or intentional infliction of harm. Where there is no physical injury, damages can still be awarded for mental anguish if it is reasonable to presume such would naturally flow from the incident. Examples: holding a pistol to