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RUNNING HEAD: TORT LAW


             TORT LAW


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Introduction


        Rob Jr. was fifteen years old and he was a son of Rob and Bunny. He was tricked to

attend meetings that belonged to the Divine light church. Robert Jr. attended one of the

meetings and the leader of the youth in that church by the name of Tom brainwashed him and

made him to remain in the church for about six months. He was pulled into the car by his

parents after six months and they took him home and after two weeks he was out of the

brainwashing.


POSSIBLE CAUSES OF ACTION THAT CAN BE TAKEN AGAINST THE

CHURCH


False imprisonment – As suggested by Edward, (2006), false imprisonment occurs in tort

where confinement without legal authority intentionally takes place.


Negligence – As stated by Business Torts Reporter, (2011), this occurs when sufficient care

is not taken by a tortfeasor in fulfilling a duty that is owed.


Intentional infliction of emotional distress – This is when extreme emotional distress is

caused through an intentional conduct by some people.


Unjust enrichment – According to Charlie, (2009), this is when a person is enriched through

unjust means at the expense of another person.


POSSIBLE CAUSES OF ACTION ON BEHALF OF ROB JR


    1. Negligence


                One of the causes of action that can be taken on behalf of Rob Jr. is

        negligence. This is because Tom who was the youth leader acted on behalf of the

        church and made the fifteen year old Rob Jr. to remain in the church for six months. It
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   was negligence because he was not allowed to see his parents and they did not know

   if the church took good care of him. The elements that are available in the case of

   negligence are duty of care, actual injury and proximate cause.


2. Intentional infliction of emotional distress


           Another cause of action that can be taken against the church is intentional

   infliction of emotional distress that was caused to the parents and to the child. This is

   because the boy was mislead and brainwashed and he was not let to go home. Some

   of the elements for the cause of action require that the defendant acted recklessly or

   intentionally and the actions of the defendant were outrageous and extreme.


3. False imprisonment


           A third cause of action that can be taken against the church is false

   imprisonment of the child. This is because he was held in the church after being

   brainwashed without the permission of his parents. Remaining in the church for such

   a long time with his age without the acceptance of his parents is imprisonment. The

   elements that must be proven for the false imprisonment include the intention of the

   false imprisonment, the confinement awareness and the causal link that is between

   them.


   CAUSES OF ACTION THAT CAN BE FILED ON BEHALF OF THE

   PARENTS


   Unjust enrichment


           The unjust enrichment was done to the parents by the church because the

   church told Rob Jr. to demand money from his parents for his expenses. The elements

   that are available for the parents are that they must have given the money to the
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church and that the church who in this case is the defendant received the money and

acknowledged it.


Intentional infliction of emotional distress


       The parents were inflicted emotional distress because they had to make an

excuse for them to see the boy and that is when they got a chance to see him and to

take him. The elements that are available are that the parents must show that the

conduct of the defendant is the one that caused the distress and that the emotional

distress was severe.


Conclusion


       The parents of the boy can file a suit against the church of intentional tort

because intentional tort is a tort that is committed through an intentional act. All the

causes of action that are available and can be taken against the church have more than

one element.




References


Business Torts Reporter, (2011), Negligence. Periodical, Vol. 23 Issue 4, p119-121,

3p
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Charlie, W., (2009), What is Unjust Enrichment? Academic Journal, Vol. 29 Issue 2,

p215-243, 29p


Edward, M., (2006), False imprisonment. Periodical, Vol. 62 Issue 1, p67-67, 1/3p

Tort law

  • 1.
    TORT LAW 1 RUNNINGHEAD: TORT LAW TORT LAW CUSTOMER INSERTS HIS/HER NAME: UNIVERSITY NAME: TORT LAW
  • 2.
    TORT LAW 2 Introduction Rob Jr. was fifteen years old and he was a son of Rob and Bunny. He was tricked to attend meetings that belonged to the Divine light church. Robert Jr. attended one of the meetings and the leader of the youth in that church by the name of Tom brainwashed him and made him to remain in the church for about six months. He was pulled into the car by his parents after six months and they took him home and after two weeks he was out of the brainwashing. POSSIBLE CAUSES OF ACTION THAT CAN BE TAKEN AGAINST THE CHURCH False imprisonment – As suggested by Edward, (2006), false imprisonment occurs in tort where confinement without legal authority intentionally takes place. Negligence – As stated by Business Torts Reporter, (2011), this occurs when sufficient care is not taken by a tortfeasor in fulfilling a duty that is owed. Intentional infliction of emotional distress – This is when extreme emotional distress is caused through an intentional conduct by some people. Unjust enrichment – According to Charlie, (2009), this is when a person is enriched through unjust means at the expense of another person. POSSIBLE CAUSES OF ACTION ON BEHALF OF ROB JR 1. Negligence One of the causes of action that can be taken on behalf of Rob Jr. is negligence. This is because Tom who was the youth leader acted on behalf of the church and made the fifteen year old Rob Jr. to remain in the church for six months. It
  • 3.
    TORT LAW 3 was negligence because he was not allowed to see his parents and they did not know if the church took good care of him. The elements that are available in the case of negligence are duty of care, actual injury and proximate cause. 2. Intentional infliction of emotional distress Another cause of action that can be taken against the church is intentional infliction of emotional distress that was caused to the parents and to the child. This is because the boy was mislead and brainwashed and he was not let to go home. Some of the elements for the cause of action require that the defendant acted recklessly or intentionally and the actions of the defendant were outrageous and extreme. 3. False imprisonment A third cause of action that can be taken against the church is false imprisonment of the child. This is because he was held in the church after being brainwashed without the permission of his parents. Remaining in the church for such a long time with his age without the acceptance of his parents is imprisonment. The elements that must be proven for the false imprisonment include the intention of the false imprisonment, the confinement awareness and the causal link that is between them. CAUSES OF ACTION THAT CAN BE FILED ON BEHALF OF THE PARENTS Unjust enrichment The unjust enrichment was done to the parents by the church because the church told Rob Jr. to demand money from his parents for his expenses. The elements that are available for the parents are that they must have given the money to the
  • 4.
    TORT LAW 4 churchand that the church who in this case is the defendant received the money and acknowledged it. Intentional infliction of emotional distress The parents were inflicted emotional distress because they had to make an excuse for them to see the boy and that is when they got a chance to see him and to take him. The elements that are available are that the parents must show that the conduct of the defendant is the one that caused the distress and that the emotional distress was severe. Conclusion The parents of the boy can file a suit against the church of intentional tort because intentional tort is a tort that is committed through an intentional act. All the causes of action that are available and can be taken against the church have more than one element. References Business Torts Reporter, (2011), Negligence. Periodical, Vol. 23 Issue 4, p119-121, 3p
  • 5.
    TORT LAW 5 Charlie,W., (2009), What is Unjust Enrichment? Academic Journal, Vol. 29 Issue 2, p215-243, 29p Edward, M., (2006), False imprisonment. Periodical, Vol. 62 Issue 1, p67-67, 1/3p