IIED

Question 1

IIED Prima Facie Elements

Answer 1

1. Conduct intentionally extreme and outrageous
2. Directly intended towards other or third party connected
3. Causes severe emotional/physical harm which directly results to person or third party connected

Question 2

Extreme and Outrageous Conduct

Answer 2

1. Beyond All Possible Bounds of Decency
2. Deemed Atrocious and Utterly Intolerable
3. Upon hearing, average person would say; “Outrageous!”

Question 3

State Rubbish Collectors (’52): Phys. & Ver. Intimidation = Phys. Harm = IIED

Answer 3

Court rules that State Rubbish’s aggressive, intimidating actions caused severe distress, and the constant anxiety caused physical harm.

Question 4

Taylor (’98): Boss to Employee- Power Relat. enhances conduct to Ext. & Out

Answer 4

Court held; “B/c of relat. btwn parties, what would be insult is increased to Ext. & Out. conduct which resulted in physical harmful side effects = IIED

Question 5

Samms (’61): Common conduct crosses Ext. & Out. threshold

Answer 5

Court held; “Defendant’s actions crossed the generally accepted standards of propositioning a woman to intolerable when unprivileged exposures and persistent unwanted phone calls occurred.

Question 6

Brandon (’01): Knowledge of victim’s susceptibility b/c of surrounding circumstances

Answer 6

Court held, “B/c sheriff knew of victim’s emotionally susceptibility to certain phrases and words, his intentional exploitation of that during the questioning of assault victim increases conduct to Ext. & Out.

Question 7

Snyder (’11): Free Speech v. Ext. & Out., when Free Speech Causes Emotional Distress

Answer 7

Justice Roberts rules if the speech:

1. Addresses matters of public import
2. Is done on public property (a) in a peaceful manner and (b) in full compliance with the local guidelines, AND
3. (a) the funeral was not disrupted and(b) the nature of their usual speech was unaltered, then
4. Even hurtful speech on public issues is protected in U.S., to ensure that we do not stifle public debate.

Question 8

Ford (’87): When servant is found not liable, Master could still be on the hook.

Answer 8

Even though manager not held liable for original harmful conduct, Revlon’s ind. actions of (1) “dragging out length,” (2)reckless disregard of harassment in regards to Ms. Ford’s requests and warnings and subsequent health issues was ruled as direct cause of IIED.