Torts - Intentional Tort #8: Intentional Infliction of Emotional Distress

IIED elements — A D’s . . .

1. volitional act that

2. intentional or recklessly

3. causes

4. severe emotional harm unto another

D’s conduct for IIED must be both (1)_______ and (2)_______.

1. extreme (very unusual)

2. outrageous (very bad)

Questions to determine the extremity or outrageousness of D’s conduct in an IIED case

• Was the conduct an abuse of power or relationship?

• Would the conduct be tolerable in a civilized community?

In an IIED case, severe emotional harm is ruled by both an (1)_______ and (2)_______ standard.

1. objective

2. subjective

To successfully win an IIED case, P must prove that she (1)_______ suffered severe emotional distress, AND that a (2)_______ would also suffer severe emotional distress in similar circumstances.

1. subjectively

2. reasonable person

In determining whether a P subjectively suffered severe emotional distress, courts will often look at whether P . . .

. . . sought help after the incident.

Demonstrating severe infliction of emotional distress does not require the P to be . . .

. . . completely incapacitated or totally disabled.