IIED Flashcards
What is IIED
An act which amounts to extreme or outrageous conduct, done with the intent to cause one to suffer severe emotional distress, they suffer emotional distress, you have to prove damages.
What is emotional Harm?
impairment or injury to a person’s emotional tranquility.
What is extreme or outrageous conduct
Conduct so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of common decency, and to be regarded as atrocious and utterly intolerable in civilized society.
What are some of the markers of outrage
a. Repeated or carried out over a period of time
b. An abuse of power by a person in authority over the plaintiff
c. Directed at a person known to be especially vulnerable
What does the original restatement say?
Someone without privilege who causes emotional distress is liable for that distress and any physical harm that comes with it
What does the second restatement change?
Adds extreme or outrageous conduct and recklessly causes language.
Adds 3rd party rule ( only in person)
Can a non-blood-related 3rd party recover from emotional distress if there is no bodily harm under the 2nd restatement?
No, if they are not related there must be bodily harm along with emotional
A’s sister is run over right in front of her, A is not physically harmed in any way, under the 2nd restatement can she recover for IIED?
Yes, family members do not need to suffer bodily harm according to the 2nd restatement.
A’s sister is run over and she sees it on a live stream, A is not physically harmed in any way, under the 2nd restatement can she recover for IIED?
No, the second restatement requires that the plaintiff be physically present
What did the 3rd restatement change
The 3rd restatement added that contemporaneous observation now works for a 3rd party
A’s sister is run over and she sees it on a live stream, A is not physically harmed in any way, under the 3rd restatement can she recover for IIED?
Yes, the 3rd allows for contemporaneous observation
