Intentional Infliction of Emotional Distress

Question 1

Modern rule for IIED (second restatement)

Answer 1

One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.

Question 2

3 elements of IIED

Answer 2

1. Intentional or reckless infliction of
2. severe emotional distress by
3. outrageous conduct.
   Each element must be proven by a preponderance of evidence.

Question 3

How is intentionality measured?

Answer 3

Intentionality is established per Garrett v Dailey and related cases. Recklessness is comparable to substantial certainty: proceeding despite knowing that emotional distress will result from one’s actions.

Question 4

How do we define severe emotional distress?

Answer 4

It must be so severe that no reasonable person could be expected to endure it - but lots of things, like constructive criticism or being passed over for a promotion, can cause severe emotional distress yet we do them anyway. So the main limiter is “outrageous conduct.”