Intentional Infliction of Emotional Distress Flashcards
IIED Elements
(i) Defendant acted intentionally or recklessly
(ii) Defendant’s conduct was extreme and outrageous
(iii) Defendant’s conduct cause plaintiff’s emotional distress; and that emotional distress was severe
Intentionally and Recklessly
Deliberate disregard of a high probability that severe emotional distress will follow from the act
Extreme and Outrageous
utterly intolerable; beyond all bounds of civilized society; OUTRAGEOUS
Examples of sufficient outrageous conduct
Ex. Credit card company leads to a customer suicide
Police interrogation of rape victim right after attack
Priest telling teen that if she reported rape by step-father, she would be responsible for the breakup of her family
Examples of not sufficiently extreme and outrageous
Insults and abusive language
Marital infidelity
Lawyer has romantic relationship with client; breaks up; then sends her a bill
Recurring Factors
The actor’s positions of authority; and the actor’s awareness of the victim’s particular vulnerability to emotional distress
other exacerbating factors
repeated or continuous undesirable acts, commits or threatens physical violence
Causation
defendant must intentionally or recklessly cause plaintiff to suffer extreme emotional distress; but/for causation
Severe Emotional Distress: Common Standard
distress that no reasonable person should be expected to endure
Severe Emotional Distress, not enough
anxiety, depression, sleeplessness, nausea, muscle twitches, loss of appetite, embarrassment, loss of trust
How do prove severe emotional distress?
this depends on the amount of diagnosis/reactions you have to that diagnosis
Transferred Intent
Non-existent
Narrow fact pattern:
(i) Defendant directed their conduct to a member of plaintiff’s immediate family;
(ii) Plaintiff was present; and plaintiff’s presence was known to defendant
