IIED

Question 1

IIED can be established by a showing that D acted recklessly. True or False?

Answer 1

True.

Question 2

Elements of IIED? (4)

Answer 2

D must engage in outrageous conduct

P must suffer severe emotional upset/distress

Intent (can be reckless)

Causation

Question 3

Under IIED, “outrageous conduct” means . . .

Answer 3

It exceeds all bounds of decency tolerated in a civilized society.

Question 4

If you deliberately inflict emotional distress, it is not actionable unless your conduct is . . .

Answer 4

Outrageous

Question 5

Insults meant to inflict emotional distress are/aren’t outrageous.

Answer 5

Aren’t

Question 6

What are three hallmarks of outrageousness? (i.e., tend to make conduct more outrageous within the meaning of IIED)

Answer 6

Conduct is continuous or repetitive in nature

If D is a common carrier or inn keeper

If P is a member of a fragile class of persons

Question 7

What sort of people are included in the “fragile class of persons”?

Answer 7

Children

Extremely elderly

Pregnant woman (as long as D knows)

Question 8

Outrageous conduct includes deliberately targeting someone’s . . . .

Answer 8

Known emotional sensitivity

Question 9

For IIED, there must be severe emotional distress. What particular evidentiary showing is required?

Answer 9

None. No need to show anything specific. For example, no need to show missed work, doctor appt, etc.

Question 10

A person can prove severe emotional distress in which way?

Answer 10

Any way they want.

Question 11

If someone is “mildly annoyed” by clearly outrageous behavior, can she be severely distressed?

Answer 11

No. The reaction is just as important.

Question 12

Be careful for questions that _____ an element of the tort.

Answer 12

Negate.