(Iied) Intentional Infliction Of Severe Emotional Distress

Front 1

Rule for (IIED) Intentional Infliction of Severe Emotional Distress

Back 1

One who by 1) extreme and outrageous conduct 2) intentionally or recklessly 3) causes 4) severe emotional distress to another is subject to liability for such emotional distress and for any bodily harm that results.

1. Intent or Reckless Conduct
2. Extreme and outrageous conduct
3. Causation
4. Resulting severe emotional distress

Four Markers of Outrage (i.e., factors courts look at):
1. Defendant has a special relationship over the plaintiff and awareness of the plaintiff’s particular susceptibility to abusive conduct
2. Repeating offensive acts when the plaintiff cannot avoid the defendant’s behavior
3. Committing acts of physical violence or threatening violence of serious economic harm to a person or property in which the plaintiff is known to have a special interest

Four Routes to Recovery for Damages
1. As part of damages for tort causing physical harm if it causes emotional harm
2. As part of damages in defamation, malicious prosecution, assault, false imprisonment (torts requiring no physical injury)
3. IIED (intent)
4. NIED (negligence)