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Tort Law Unit 1 Research Paper

1217 words - 5 pages

PA-310 Unit 1 Causes of Action

Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others.

Tort law only requires 4 elements to be shown. The first one is that the tortfeasor owes the injured party a duty to do something or not to do something; two is that tortfeasor breached the duty, based on the applicable standard of care that he/she is owed; three is that tortfeasor action or inaction is the proximate cause of the injured party's injury; four is the injured party has in ...view middle of the document...

Rob Jr. causes of action against Church of the Divine Light:

Taylor v. Vallelunga, 171 Cal. App. 2d 107 (Cal. App. 1st Dist. 1959) –

Plaintiff’s daughter witnessed the beating of her father (the plaintiff) and since the daughter suffered mental suffering from witnessing the attack against her loves one.   Even though the daughter was not physical injured she still suffered mental from the attack.

The reason why I choose this case was because Rob Jr. may not have been hurt physical he was still scarred mental from the actions of the Church of the Divine Light.

Big Town Nursing Home Inc. v. Newman, 461 S.W.2D 195 (1970)

Plaintiff's nephew admitted plaintiff to the defendant nursing home. Admittance papers stated plaintiff was not to be held against his will. Plaintiff was not allowed to leave and was not allowed to make phone calls. Each time plaintiff tried to leave he was forcibly returned to nursing home by defendant's staff. Evidence supported trial court's decision plaintiff was falsely imprisoned.

The reason why I choose this case of false imprisonment for Rob Jr. he was held against his will at the Church of the Divine Light because he was told if he left he would go to hell

State Rubbish Collectors Asso. v. Siliznoff, 38 Cal. 2d 330 (Cal. 1952)

Defendant claims he was threatened by plaintiff's associates to pay up on certain notes.   Plaintiff collected trash for defendant's place of business.   Defendant felt like he had no other choice but to sign notes over to plaintiff.   The threats consisted of bodily injury and severe damages to his business. Despite no appearance of physical harm, mental strain from the possibility or the threat of harm may be seen by the courts as a tort violation of intentional infliction of mental
distress, and damages may be awarded from such a violation.

The reason why I choose this case for Intentional Infliction of Mental Distress even though the Church of the Divine Light did not physical hurt Rob Jr. they harmed him mentally.

Rob Sr. and Bunny Sherman causes of action against Church of the Divine Light:

Washington v. Farlice, 1 Cal. App. 4th 766 (Cal. Ct. App. 1991)

Appellant provided financial assistance to her deceased boyfriend to purchase his...

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