tort law · claim
Intentional Infliction of Emotional Distress (IIED) occurs when a person engages in extreme and outrageous conduct intentionally or with reckless disregard for the likelihood of causing emotional distress to another. This tort requires the victim to demonstrate that the conduct was so egregious that it goes beyond the bounds of decency tolerated by society.
The defendant's actions must be extreme and outrageous, going beyond all bounds of decency.
What to prove: The plaintiff must establish that the conduct was of such a nature that it would be considered outrageous by a reasonable person.
The defendant must have acted with the intent to cause emotional distress or acted with reckless disregard for the likelihood of causing such distress.
What to prove: The plaintiff needs to show that the defendant knew their actions would likely result in emotional suffering or acted with a blatant disregard for that possibility.
The plaintiff's emotional distress must be a direct result of the defendant's conduct.
What to prove: There must be a clear link between the defendant's outrageous conduct and the emotional distress experienced by the plaintiff.
The emotional distress suffered by the plaintiff must be severe and beyond what a reasonable person would endure.
What to prove: The plaintiff must demonstrate that the emotional distress is significant, often supported by evidence such as testimony from mental health professionals.
The plaintiff bears the burden of proof by a preponderance of the evidence standard.
When approaching exam questions on IIED, focus on the extremity of the defendant's conduct and the severity of the plaintiff's distress, often comparing scenarios to identify the outrageousness of actions.