What Is The Test For Iied in Torts?

The test for Intentional Infliction of Emotional Distress (IIED) requires the plaintiff to demonstrate that the defendant's conduct was extreme and outrageous, that it was intended to cause emotional distress or that the defendant acted with reckless disregard of the probability of causing distress, and that the plaintiff suffered severe emotional distress as a result.

To prove Intentional Infliction of Emotional Distress (IIED), the plaintiff must establish several elements. First, the conduct of the defendant must be 'extreme and outrageous.' This standard is high and typically involves actions that go beyond the bounds of decency; for example, threats of violence or persistent, targeted harassment may qualify. Courts look at the conduct in context to determine whether it is sufficiently outrageous.

Second, the defendant must have intended to cause emotional distress or have acted with reckless disregard for the likelihood of such distress occurring. This element emphasizes the state of mind of the defendant, indicating that mere negligence is insufficient for IIED claims. The defendant's conduct must be deliberate or grossly indifferent to the well-being of the plaintiff.

The third crucial element is the requirement that the plaintiff suffer severe emotional distress. This is typically demonstrated through evidence of significant anguish, anxiety, or disruption of daily life resulting from the defendant's conduct. Unlike physical harm, the severity of emotional distress is assessed based on the individual circumstances of each case.

Key cases that help define the contours of IIED include *Harris v. Jones* (1977), where the court established the importance of outrageous conduct, and *Broussard v. Wiggins* (1997), which further clarified the necessity for the distress to be severe. *Wilkinson v. Downton* (1897) is often cited for its early articulation of the tort, focusing on the defendant's intent.

Successful IIED claims often require the use of expert testimony to validate the extent of emotional damages and to correlate them with the defendant’s conduct, emphasizing the need for a well-supported case when bringing forward an IIED action.

• 1Harris v. Jones (1977) - Established the outrageousness standard for IIED.
• 2Broussard v. Wiggins (1997) - Clarified the requirement of severe emotional distress.
• 3Wilkinson v. Downton (1897) - Pioneered the tort concept of IIED.

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