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Identify and Discuss Tort Actions that may Arise in Relation to Family Law

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A father shows his minor son pornography and sexually abuses him. Can the son bring a tort action against his father?

Dave knows that he has contagious herpes, but does not tell Alice, who contracts the disease from Dave. Can Alice sue Dave for battery? For intentional infliction of emotional distress? For deceit or fraud? Does it matter if the disease was communicated before or after Dave and Alice were married? Does it make any difference that they are now divorced?

Jim and Helen live together for a year before they are married. They separate two years after the marriage. While preparing to file for divorce, Helen discovers that she has contracted chlamydia trachomatis, a serious venereal disease that attacks the ovaries. Her reproductive system is permanently damaged. Assume that Jim gave her this disease through intercourse during the marriage. Jim carelessly thought he was not capable of infecting Helen. Can she sue Jim for negligence?

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http://definitions.uslegal.com/p/parental-immunity-doctrine/

A father shows his minor son pornography and sexually abuses him. Can the son bring a tort action against his father?

Previously in the late 19th century the parental immunity doctrine was created, and it outlawed children suing parents for torts and parents suing children for torts. Since its inception, significant revisions and court decisions have made it lawful and legal to sue parents if the parent caused injury and inflicted pain on the child through willful, wanton, or criminal conduct. One such case was Likewise in Schenk v. Schenk, 100 Ill. App. 2d 199 (Ill. App. Ct. 4th Dist. 1968). Therefore, the son can bring forth a tort action against his father for inflicting ...

Solution Summary

The expert identifies and discusses the tort actions which may arise in relation to family law.

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