Torts · Iied
Clear answer to: Is It Possible To Iied in Torts? with key cases, examples, and exam tips for law students.
Yes, intentional infliction of emotional distress (IIED) is a recognized tort where a defendant's extreme and outrageous conduct causes severe emotional harm to the plaintiff.
Intentional infliction of emotional distress (IIED) is a tort that allows plaintiffs to seek damages for severe distress caused by extreme and outrageous conduct of the defendant. To establish an IIED claim, a plaintiff must demonstrate that the defendant acted intentionally or with reckless disregard of the likelihood of causing emotional distress, that the conduct was extreme and outrageous, and that the distress suffered was severe. Importantly, the standard for 'outrageousness' is very high, typically requiring conduct that goes beyond the bonds of decency in a civilized society.
Courts often consider the context of the conduct in assessing whether it meets the threshold of outrageousness. For instance, in the landmark case of *Outlaw v. Lentz* (1968), the defendant's harassment of the plaintiff was deemed sufficiently outrageous to support an IIED claim. Additionally, specific characteristics of the plaintiff, such as vulnerabilities due to physical or mental conditions, can influence the perception of the defendant's conduct.
It is also crucial to understand the requirement of 'severe emotional distress.' Plaintiffs must show that the distress is not trivial or transient; it must be serious enough to warrant legal intervention. This was highlighted in *Restatement (Second) of Torts § 46*, which emphasizes that a mere upset or annoyance does not suffice. Courts may look for corroborating evidence, such as medical records or expert testimony, to support the claim.
In summary, IIED is possible if the plaintiff adequately establishes the elements of the tort, particularly the outrageous nature of the conduct and the severity of emotional harm. Given the stringent requirements, successful claims are relatively rare, which illustrates the importance of robust evidence and legal strategy when pursuing IIED in tort law.
A classic example is when a person accuses their coworker of a crime publicly without any basis for the accusation, leading to severe emotional distress for the coworker, who subsequently develops anxiety and depression.
IIED is frequently tested in torts courses, often in hypothetical scenarios requiring analysis of conduct's outrageousness and the resulting harm. Students should be prepared to apply the legal standards to the facts presented.