Unit 1 Tort Law

Tort law is a civil remedy for a wrongful act that was committed and it can award damages to the injured party. “Tort claims act can be a federal or state claim which, under certain conditions, waives government immunity and allows lawsuits by people who claim they have been harmed by torts (wrongful acts), including negligence, by government agencies or their employees. These acts also establish the procedure by which such claims are made. Before the enactment of tort claims acts, government bodies could not be sued without the specific permission of the government. The Federal version is the Federal Tort Claims Act.” ( the Legal Free Dictionary, 2005)

There are four elements required to prove a claim, and the four elements are breach of duty, meaning the responsible party had a duty to behave with a reasonable level of care, and he or she has committed a breach. The presence of a duty means that there is a duty and it is defined as the responsibility to behave with a reasonable level of care. Then there is causation, a breach of duty caused the injury. The failure to behave responsibly must have caused your injury. Then there is the injury and in order to claim damages, there must be a breach in the duty of the defendant towards the plaintiff, which results in an injury (physical, mental, or monetary). The three main types of torts are negligence, strict liability and/or product liability, and intentional torts.

In this particular case Sherman v. Church of the Divine light, there are a few different causes that the family can consider suing about. One of the causes is to sue for intentional infliction of emotional distress; a tort of intentional infliction of emotional distress has four elements: the defendant must act intentionally or recklessly; the defendant's conduct must be extreme and outrageous; and the conduct must be the actual cause of severe emotional distress. All of these elements are present and would be supported in the cause. In this case Rob...