IIED Flashcards
IIED Black Letter Law Elements
(1) the wrongdoer’s conduct was intentional or reckless;
(2) the conduct was extreme and outrageous;
(3) the conduct caused severe emotional distress; and
Definition of Extreme and Outrageous
Conduct exceeding all bounds usually tolerated by decent society or a nature which is especially calculated to cause, and does cause, mental distress of a very serious kind.
Jury makes community judgments for what is outside the boundaries of tolerated behavior.
Do circumstances matter in IIED?
Yes, K=knowledge of plaintiff’s vulnerability, use of a position of authority, deliberateness, and the cumulative effect of repeated, ongoing inappropriate behavior are examples of critical circumstances.
Causation - IIED
Outrageous conduct must be a foreseeable result in such distress.
Plaintiff must establish a casual connection between D’s intentional outrageous conduct and the P’s subsequent severe emotional distress.
Physical Manifestations
evidence of physical manifestations of severe mental distress, symptoms such as weight loss, inability to sleep or work, depression, the need for extensive counselling, or other emotionally related physical consequences are critical as a practical matter.
Severe Emotional DIstress
Severity is measured by the distress one might expect from a person of ordinary sensibilities.
- often left to juries.
- not actionable unless an ordinary person would also expect to suffer it given the D’s conduct.
Eggshell Plaintiff for IIED?
Eggshell plaintiff does not apply unless the D happened to be aware of the P’s unusual susceptibility to such distress.
Distinction between negligent and reckless conduct?
Reckless: acted with conscious disregard of a highly probable result
Negligence: created merely a negligent risk through carelessness.
IIED - Reckless Conduct
acted with conscious disregard of a highly probable result
IIED- Bystander Rule Non-Family
“bodily harm” requirement for non-family, third party intentional infliction situations.
If not family member has to show physical symptoms of emotional distress – emotions that were manifested through physical symptoms. – need to have if bystander and not a family member.
Bystander Rule and Family Relationships
Where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress
(a) to a member of such person’s immediate family who is present at the time, whether such distress results in bodily harm, or
Why is IIED Distinct?
It stands alone. It is not apart of damages that we are caused by some other tort.
- the only damages are emotional - “the only wrong you did was cause the emotional distress.
