IIED v. NIED

Question 1

Fault required?

Answer 1

IIED – intent to cause severe ED or recklessness as to the effect

NIED – negligence in creating risk of physical injury

Question 2

Causation and damages?

Answer 2

IIED – must cause ED

NIED – must cause physical symptoms arising from the distress

Question 3

Bystander recovery elements?

Answer 3

IIED – present, close relative, D must know of these facts when he intentionally injures the other person

NIED – closely related, present, observe/perceive

Question 4

Conduct?

Answer 4

IIED – extreme and outrageous conduct

NIED – subjecting P to threat of physical impact or severe ED likely to cause physical symptoms