Intentional Infliction of Emotional Distress (IIED)

Question 1

Black Letter Law of IIED:

Answer 1

To recover damages for IIED, a P must prove that 1) the D acted intentionally or recklessly, 2) the Conduct was extreme and outrageous; 3) the actions of the D caused the P emotional distress; and 4) the resulting emotional distress was severe.

Question 2

Elements for IIED:

Answer 2

1) Extreme and Outrageous conduct
2) Done with intent (to cause severe emotional distress) or recklessly without regard for if it will cause emotional distress.
3) Causing of severe emotional distress

Question 3

What to look for with IIED:

Answer 3

1) Exploitation of a special vulnerability in which the D knows of. (mental, physical, or other condition that makes the P especially vulnerable)
2) D exploiting an unequal relationship. (Doctor/patient; inmate/ guard; priest/ parishioner; teacher/student; etc.)

Question 4

Third party liability elements for IIED:

Answer 4

1) D acted outrageously towards a 3rd person
2) P is a member of the immediate family of 3rd person and was present when the action occurred
OR
2) P is not a member of the immediate family but was present and suffered physical harm in addition to emotional distress.