What Are The Elements Of Iied in Torts?

The elements of Intentional Infliction of Emotional Distress (IIED) are: (1) the defendant's conduct must be intentional or reckless; (2) the conduct must be extreme and outrageous; (3) there must be a causal connection between the conduct and the emotional distress; and (4) the emotional distress must be severe.

Intentional Infliction of Emotional Distress (IIED) is a tort that protects individuals from severe emotional anguish inflicted by another's outrageous conduct. The first element, intentionality or recklessness, distinguishes IIED from other torts, requiring the defendant's actions to be purposefully aimed at causing distress or showing a disregard for the high probability of causing emotional harm. This element emphasizes the need for a deliberate or reckless mental state.

The second element requires that the defendant's conduct be characterized as extreme and outrageous. This is a high standard, as the act must exceed all bounds of decency and be regarded as atrocious by societal standards. Courts typically assess this element on a case-by-case basis, considering context and the relationship between the parties involved.

Thirdly, there needs to be a causal connection between the defendant's conduct and the emotional distress experienced by the plaintiff. It is essential to show that the distress was a direct result of the defendant's extreme and outrageous behavior.

Finally, the emotional distress suffered by the plaintiff must be severe. Courts are often hesitant to intervene in cases claiming IIED unless the emotional injury is significant and well-established. Mere stress or upset, without a demonstrating of severity, is insufficient.

As a whole, this tort serves to deter extreme behavior in social interactions by holding individuals accountable for actions that intentionally or recklessly cause severe emotional harm to others.

• 1Hustler Magazine, Inc. v. Falwell (1988) - Addressed the balance between free speech and IIED claims.
• 2Casey v. H. M. Kauffman, Inc. (1971) - Established the standard for 'extreme and outrageous' conduct.
• 3Snyder v. Phelps (2011) - Explored the intersection of free speech protections and IIED.
• 4White v. Monopoly Distribution, LLC (2008) - Clarified the severity of emotional distress required.
• 5Tanner v. Eighth Judicial District Court (2008) - Confirmed the necessity of showing a defendant's intent or recklessness.

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