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4 Cards in this Set
- Front
- Back
IIED
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1. Defendant by
2. extreme and outrageous 3. intentionally or recklessly 4. causes 5. severe emotional distress. |
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Extreme and outrageous conduct
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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 |
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4 markers of outrage:
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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 |
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Third-party recovery:
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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 |