Intentional Infliction of Emotional Distress (IIED)

Question 1

Elements of IIED

Answer 1

1. Intent (substantial certainty)
2. Infliction of severe emotional distress
3. Outrageous conduct by defendant

Question 2

Restatement Elements of IIED

Answer 2

1. Conduct has been so outrageous in character, so extreme in degree;
2. goes beyond all possible bounds of decency, and;
3. regarded as atrocious, and utterly intolerable in a civilized community

Question 3

What is severe emotional distress?

Answer 3

The emotional distress must be so severe that no reasonable person could be expected to endure it. Eckenrode v. Life of America Insurance

Question 4

Example of Outrageous Conduct

Answer 4

1. Outrageous character can be an abuse of power with the knowledge that the plaintiff is particularly susceptible to emotional distress. Eckenrode v. Life of America Insurance.
2. Mental distress that produces a physical injury is actionable Wallace v. Shoreham Hotel Corp
3. If emotional distress is suffered as result of some other over tort, it is actionable. Samms v. Eccles

Question 5

Definition of Outrageous Conduct

Answer 5

Restatement 46(1) “Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse [their] resentment against the actor, and lead [them] to exclaim, ‘Outrageous!’”

Question 6

What are not Outrageous Conduct?

Answer 6

1. Insisting on ones legal rights. Davis v. Currier
2. Exercising personal freedoms, e.g. withdrawing from a marriage. Jackson v. Brown
3. Exercising religious freedoms, e.g. excommunication. Paul v. Watchtower
4. “Routine indignities commonplace in our society.” Whelan v. Whelan
5. A consensual relationship between a pastor and patient. Schiefer v. Archdiocese