Torts

Question 1

Intentional Infliction of Emotional Distress

Answer 1

1. D must act intentionally or recklessly
2. D’s acts must be extreme and outrageous
3. D’s acts must cause severe emotional distress

Question 2

Intentional Infliction of Emotional Distress & 3rd Party Victims

Answer 2

Immediate Family Rule

1. The victim must be a member of the victim’s immediate family
2. This family member must have contemporaneusly perceived the conduct
3. The family member must have had a severe emotional distress from the D’s action
4. No bodily harm is necessary.

Bystander Rule

1. Any bystander that contemporaneously perceives the conduct
2. Must have bodily injury

Question 3

Negligent Infliction of Emotional Distress

Answer 3

1. Zone of Danger
2. Bystander Outside of Zone of Danger
3. Special Relationship

Question 4

Negligent Infliction of Emotional Distress - Zone of Danger

Answer 4

1. Tortious conduct placed the plaintiff in harms way (i.e., Zone of Danger) and feared for his safety because of that
2. The threat of physical impact caused emotional distress (physical symptoms required)

Question 5

Negligent Infliction of Emotional Distress - Bystander Outside of Danger Zone Recovery

Answer 5

A bystander outside of danger zone may recover for Negligent Infliction of Emotional Distress when:

1. The bystander is closely related to the person injured by the defendant
2. Was present at the scene of the injury
3. Personally observed the injury
4. The bystander must have physical symptons

Question 6

Negligent Infliction of Emotional Distress - Special Relationship

Answer 6

1. Special Relationship exists between P and D
2. No need to show physical harm
3. D breaches duty by negligent conduct (e.g, mishandling corpse or falsely reporting disease or death of a relative)