Restatement (Second) of Torts · Section § 46
Overview of the rules and principles surrounding the tort of intentional infliction of emotional distress.
Source: Restatement Restatement (Second) of Torts § § 46
One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for that emotional distress, and for bodily harm resulting from it.
Section 46 outlines the tort of intentional infliction of emotional distress (IIED), defining that a person can be held liable if they engage in extreme and outrageous behavior that causes significant emotional suffering to another person. The standard requires that the conduct be outrageous and beyond the bounds of decency.
The conduct must be extreme and outrageous, not just offensive or annoying.
Severe emotional distress must be proven, potentially requiring medical evidence.
The harm must result from the outrageous conduct, establishing a clear causal link.
Illustration 1
A person knows a neighbor is in a fragile emotional state and taunts them relentlessly, causing severe distress.
Illustration 2
A company exerts extreme pressure on an employee using threats to humiliate them, leading to significant emotional fallout.
The court held that the defendant's conduct amounted to extreme and outrageous behavior resulting in emotional distress.
The court recognized the liability for emotional distress caused by the defendant through intentional and outrageous conduct.
This section is crucial in cases of workplace harassment and bullying, providing a legal avenue for victims to seek redress for emotional injuries. Understanding § 46 helps practitioners navigate claims related to psychological harm in various personal and professional contexts.