Intentional Infliction of Emotional Distress - IIED

Question 1

When does IIED arise?

Answer 1

Where the Δ intentionally or recklessly engages in extreme & outrageous conduct that casuses P severe emotional distress

Question 2

What are the elements of IIED?

Answer 2

1. Intent or recklessness
2. extreme & outrageous conduct
3. causation
4. severe emotional distress

Question 3

How is the element of intent satisfied for IIED?

Answer 3

Δ must act with intent to cause severe emotional distress or be reckless in creating the risk of emotional distress.

• Intentional
  
  • Δ desires to cause severe emotional distress
  • Δ knew that severe emotional distress was substantially certain to result die to Δ’s conduct
• Recklessmess
  
  • Δ acts with conscious disregard of a high risk of emotional distress

Question 4

How does the intent element effect 3rd ptys?

Answer 4

• No transferred intent doctrine
• 3rd ptys can recove by showing that the Δ was reckless as to whether their conduct would cause severe emotional distress
  
  • just being there witnessing your father’s murder is not enough
  • that the Δ was aware that you were there and your relationship to the victim

Question 5

How is the element of extreme & outrageous conduct for IIED satisfied?

Answer 5

Conduct that exceeds all bounds tolerated by a civilized society

(more than mere insults)

EXCEPTION

• innkeepers or common carriers who engage in conduct that is reasonably offensive is enough to satisfy element
• Δ’s that know of P’s particular susceptibility
• person in authority uses racial/ethnic insults is enough

Question 6

What are the requirements for severe emotional distress?

Answer 6

• P does not have to prove physicial injury
• prove that the distress suffered was severe
• the emotional distress was substantial & not trival