Sherman V. Church of Divine Light (Causes of Action)
Mark A. Puno
PA310 – Tort Law
Prof. Laurence Mraz
22 May 2011
Unit 1 Assignment
CAUSES OF ACTION
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 into the eternal fires of Hell, and you will not be allowed back." This alone is assault, false imprisonment and intentional infliction of emotional distress on a fifteen-year old child. Furthermore, Mr. Marsden caused emotional distress on Rob Sr. and Bunny. According to the state of mind of Rob Jr., he did not know whom to believe. When Mr. Marsden told Rob Jr. that he would be thrown in the eternal fires of hell, he was forced to stay because he did not want to be thrown in the fires of hell. Therefore, Rob Jr. believed Mr. Marsden and decided to stay, which is false imprisonment, because the church held him against his will and the will of his parents. Rob Jr. is still a minor, therefore, still under the guardianship of his parents. Moreover, the church did not allow Rob Jr. to see his parents. His parents had to make an excuse just to see the child, which caused severe infliction of emotional distress on them and by the church not allowing them to see their own child is negligence, because his parents does not know whether the child is in good health or not. Tom Marsden also told Rob Jr. that he has to ask his parents for money to cover his expenses, which is unjust enrichment. The church held him there for a
PA310 – Tort Law
Prof. Laurence Mraz
22 May 2011
Unit 1 Assignment
CAUSES OF ACTION
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 into the eternal fires of Hell, and you will not be allowed back." This alone is assault, false imprisonment and intentional infliction of emotional distress on a fifteen-year old child. Furthermore, Mr. Marsden caused emotional distress on Rob Sr. and Bunny. According to the state of mind of Rob Jr., he did not know whom to believe. When Mr. Marsden told Rob Jr. that he would be thrown in the eternal fires of hell, he was forced to stay because he did not want to be thrown in the fires of hell. Therefore, Rob Jr. believed Mr. Marsden and decided to stay, which is false imprisonment, because the church held him against his will and the will of his parents. Rob Jr. is still a minor, therefore, still under the guardianship of his parents. Moreover, the church did not allow Rob Jr. to see his parents. His parents had to make an excuse just to see the child, which caused severe infliction of emotional distress on them and by the church not allowing them to see their own child is negligence, because his parents does not know whether the child is in good health or not. Tom Marsden also told Rob Jr. that he has to ask his parents for money to cover his expenses, which is unjust enrichment. The church held him there for a