Torts I 2013 - Intentional Torts (#5 - Intentional infliction of emotional distress)

Intentional infliction of emotional distress - Damages

Compensatory and nominal damages allowed; severity of the damage affects not only just how much the plaintiff will recover, but whether the plaintiff will recover at all.

Elements of Intentional infliction of emotional distress ("IIED")

Elements of Intentional infliction of emotional distress ("IIED"): 1. Intentional (purpose or knowledge to a substantial certainty) or reckless conduct 2. Extreme and outrageous conduct (beyond the bounds of decency tolerable in a civilized society) 3. Casual connection between conduct and emotional distress 4. Severe emotional distress

Intentional infliction of emotional distress - Intent

Established by deliberate act to cause distress in another (broader standard - should have known act would cause distress).

Intentional infliction of emotional distress - Rule

For liability of IIED, (1) the conduct must be intentional or reckless, (2) the conduct must be extreme and outrageous, (3) there must be a causal connection between the wrongful conduct and the emotional distress, and (4) the emotional distress must be severe.

Intentional infliction of emotional distress is...

Intentional infliction of emotional distress is extreme and outrageous conduct that is preformed in an intentional or reckless manner and causes severe emotional distress.

Intentional infliction of emotional distress protects ____ and deters ____.

Intentional infliction of emotional distress protects emotional tranquility and peace of mind, and deters anti-social behavior.

Other Notes on IIED (refer to p. 10 of Outline)

Other Notes on IIED (refer to p. 10 of Outline)

Intentional infliction of emotional distress - Policy

Protects the right to mental tranquility which can be just as harmful as invasion of bodily integrity; already gives damage for mental suffering in conjunction with other torts.

Restatement (Second) §46. Outrageous Conduct Causing Severe Emotional Distress

Restatement (Second) §46. Outrageous Conduct Causing Severe Emotional Distress (1) One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm. (2) Where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress (a) To a member of such person's immediate family who is present at the time, whether or not such distress results in bodily harm, or (b) To any other person who is present at the time, if such distress results in bodily harm.