Restatement (Second) of Torts · Section § 621
Overview of the liability for intentional infliction of harm through extreme and outrageous conduct.
Source: Restatement Restatement (Second) of Torts § § 621
One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for that emotional distress.
Section 621 establishes liability for those who engage in extreme and outrageous behavior that intentionally or recklessly inflicts severe emotional distress on another person. This section emphasizes the importance of behavior that goes beyond the bounds of decency.
The conduct must be extreme and outrageous, transcending the usual bounds of decency.
The emotional distress inflicted must be severe and not a trivial or minor inconvenience.
Illustration 1
A person repeatedly harasses another individual by threatening them in a manner that creates severe emotional distress.
Illustration 2
An employer falsely tells an employee that they will be fired in a public setting, causing significant emotional turmoil.
In this case, the court found that the defendant's conduct was extreme and outrageous, fulfilling the criteria outlined in § 621.
The court applied § 621 to determine whether the city's actions constituted extreme and outrageous conduct resulting in emotional distress.
Understanding § 621 helps legal professionals assess the viability of claims for emotional distress resulting from outrageous conduct. It underlines the necessity for behavior that is beyond mere insults or trivialities in order to establish liability.