Intentional Infliction of Emotional Distress

Question 1

Elements of IIED

Answer 1

1. Intent or recklessness
2. Extreme and outrageous conduct
3. Causation
4. Severe emotional distress

Question 2

What mental state is required for IIED?

Answer 2

1. Intentional;
   
   1. ∆ desires to cause severe emotional distress; pr
   2. ∆ knows that severe emotional distress was substantially certain to result
2. Recklessness
   
   1. ∆ acts with conscious disregard of a high risk of emotional distress

Question 3

When is extreme and outrageous conduct satisfied?

Answer 3

When ∆’s conduct is beyond the bounds of decency

(conduct that a civilized society will not tolerate)

Question 4

elements Required for Plaintiff Recovery when Conduct directed at third-Party

THEORY 1

Answer 4

1. Plaintiff present when conduct occurs to 3rd party/victim
2. Plaintiff is a close relative of the 3rd party/victim
3. ∆ was aware of π’s presence;
4. Plaintiff suffers severe emotional distress

Question 5

How can a 3rd party recover for IIED?

Answer 5

By showing that ∆ was reckless as to where their conduct would cause severe emotional distress

Question 6

elements Required for Plaintiff Recovery when Conduct directed at third-Party

THEORY 2

Answer 6

1. Plaintiff present when conduct occurs to 3rd party/victim
2. Plaintiff is a suffers actual bodily harm (a physical manifestation of the emotional distress); and
3. ∆ was aware of π’s presence