New Hampshire

Boyles v. State in New Hampshire Law

How Boyles v. State applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Torts.

State Approach

New Hampshire recognizes the principles of tort law as articulated in Boyles v. State, particularly in the context of intentional infliction of emotional distress (IIED). The state emphasizes the need for conduct that exceeds usual bounds of decency and causes severe emotional distress.

State Rule
In New Hampshire, to establish IIED, a plaintiff must prove that the defendant's conduct was outrageous, intentional, and caused severe emotional distress, aligned with the standard established in Boyles.
Significant State Cases

Harris v. Sisk

The court found that the defendant's repeated harassment constituted IIED, reinforcing the standard for what constitutes outrageous conduct.

Morrison v. Berrier

The court ruled that mere insults or offensive behavior, without more, do not rise to the level of IIED.

Alphonse v. State

The court clarified that the emotional distress must be severe and is judged from the perspective of a reasonable person.

Comparison to Federal Law

New Hampshire's approach to IIED is closely aligned with the federal standard, particularly as articulated in Restatement (Second) of Torts. Both jurisdictions require that the conduct be outrageous and harmful, but New Hampshire places particular emphasis on the reasonable person's perspective when assessing severity.

Bar Exam Note

Understanding the application of IIED principles from Boyles is essential for the New Hampshire bar exam, especially in torts and personal injury questions.

Practice Pointers
  • Ensure that allegations of distress meet the severe threshold necessary for IIED claims.
  • Be mindful of the requirement for conduct to be outrageous rather than merely offensive.
  • Consider the context of the defendant's conduct when arguing for or against IIED claims.

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