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8 Cards in this Set
- Front
- Back
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IIED |
Protects a person’s right to be free from severe emotional distress. |
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Outrageous |
So extreme as to go beyond all possible bounds of decency; to be regarded as atrocious and utterly intolerable in a civilized community Factors: (a) Abuse of Power (b) Special Relationships |
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Severe Emotional Distress |
Beyond what a reasonable person of ordinary firmness would be expected to endure. |
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Recklessness (intent) IIED |
Recklessness as intent: (1) reasonable person would realize that conduct creates a substantial risk of harm and (2) risk is greater than what is necessary to make conduct negligent |
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Transferred Intent for IEDD-Bystander Recovery |
1. Related-Must be close relative of third party 2. Harm-Suffer physical harm due to severe emotional distress 3. Present-Physically present when actor commited tort against third party 4. Presence Known by D 5. D acted intentionally and recklesslly |
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Elements of IIED |
OCISED 1. Outrageous conduct with the 2. intent to cause 3. severe emotional distress |
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Transferred intent for IIED. (Elements) |
RPKDIR A person to person transferred intent may be applicable where: 1. Closely related to victim 2. Present 3. Known to be present by the D 4. D acted intentionally or recklessly. |
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Evidence of Severe Emotional Distress |
STDF 1. Physical/Psychological Symptoms 2. Medical treatment 3. Duration of symptoms, 4. Suffer in daily functions, evidence of serious mental injury.
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