5) IT - IIED Flashcards
IIED: def
D engages in an intentional or recklessa ct amounting to extreme and outrageous conduct that causes P to suffer severe emo distress
IIED: elements
1) intent OR recklessness
2) extreme AND outrageous conduct
3) causation
4) severe emo distress
IIED: unique bc
recklessness is an option
intent: kinds
EITHER: 1) desires to cause severe ED, or 2) knows that severe ED virtually certain to result from her actions, or 3) recklessness...
recklessness: def
D acts w a conscious disregard of a high probability of causing severe ED
IIED: transferred intent doctrine?
no! but, kinda
transfered intent / kinda: how?
sometimes third party can recover if D was reckless as to whether his conduct would cause the 3rd person severe emo distress (stabbing someone in front of their kid)
*but needs to be direct v or contemporaneous bystander
extreme + outrageous conduct: def
exceeds all bounds tolerated by a civilized society
extreme + outrageous conduct: not enough
offensive or insulting language
extreme + outrageous conduct: exceptions (+ result)
result: less-bad conduct can still count, IF
1) D is a common carrier or innkeeper
2) D knows of P’s particular susceptibility
3) person in authority uses racial or ethnic slurs against an underling (disparity of position)
causation: problem
if P had major emotional issues before D did anything
the conduct must CAUSE the severe emo distress
severe emo distress: does not require:
physical injury
severe emo distress: def
distress was severe + significant, as opposed to short-lived and trivial (more than the level of mental distress a reasoanble person could be expected to endure)
bystander IIED
1) bystander to an INTENTIONAL tort (if neg, nied)
2) tortfeasor knows you’re there
3) usu sees physical injury of close family/associate
