IIED

Question 1

Conduct

Answer 1

D’s conduct/speech was exterme and outrageous.

Question 2

Intent

Answer 2

D intends to, or recklessly disregards the risk of causing, severe emotional distress to P.
Transferred intent does not apply.
But bystander rule applies if D causes severe ED to close family member who witnesses D’s conduct, instead of D’s original target.
If D targeted a non-family third party, then D liable to that harmed third party.

If P is a public figure / private party but speech concerned a public matter (e.g., D wanted to cause ED by publishing a statement), then P must show D knew the statement was false or D acted recklessly with regard to the statement’s falsity.

Question 3

Causation

Answer 3

D’s conduct was an actual cause (but-for or substantial factor) and a proximate cause (foreseeable) resulting in P’s harm.

Question 4

Harm

Answer 4

P must prove severe ED beyond what a reasonable person could endure.
The more outrageous and extreme D’s conduct, the more likely the court will deem P’s ED was severe.
If P is hypersensitive (experiences ED unreasonably), but D didn’t know, D is not liable.

Contra: NEID - significant emotional distress

Question 5

P’s recovery

Answer 5

P can recover compensatory damages (pain & suffering, medical bills, lost wages).

Question 6

D’s defenses

Answer 6

1. Consent: P gave actual (express) / apparent / presumed (implied) / emergency consent.
2. Self-defense: D reasonably believed the force was necessary & proportionate to P’s force. D retreated before using the force. P did not withdraw before D used the force. D was not the initial aggressor.
3. Property defense: D reasonably believed P was intruding/about to intrude. D asked P to stop (or knew it would be useless). D used reasonably proportionate means.
4. Merchant’s privilege: D was a seller, reasonably believed P committed theft, D used reasonable force on/near merchant’s premises, for a reasonable time.
5. Defense to third parties: D reasonably believed that the 3rd person was entitled to use force for self-defense, and the defense was immediately necessary.
6. Child discipline: D was a parent, used reasonable force/confinement to discipline child’s behavior / D was a teacher, used reasonable force to maintain order/safety.