Iied

Front 1

IIED

Back 1

1. Defendant by
2. extreme and outrageous
3. intentionally or recklessly
4. causes
5. severe emotional distress.

Front 2

Extreme and outrageous conduct

Back 2

a) that which is beyond all possible bounds of decency and to be regarded as atrocious, and utterly intolerable in a civilized community
b) consider the context and relationship between the parties (vulnerability can be critical)
c) severity and regularity can bring conduct to this realm

Front 3

4 markers of outrage:

Back 3

1) Abusing position or power by using a position of dominance
2) Taking advantage of a plaintiff known to be vulnerable
3) Repeating acts when the plaintiff cannot avoid the defendants behavior
4) Committing acts of physical violence or threatening violence or serious economic harm to a person or property in which the plaintiff is known to have a special interest

Front 4

Third-party recovery:

Back 4

a) Bystander must be a close relative of the primary victim
b) Physically present at the scene of the outrageous conduct
c) The defendant must know that the third party is present