South Carolina
How Brower v. Ackerley applies in South Carolina: state-specific rules, key cases, and bar exam notes for Torts.
South Carolina follows the principles established in Brower v. Ackerley regarding the tort of intentional infliction of emotional distress. The state recognizes that conduct must be extreme and outrageous to be actionable, adhering closely to the stringent standards set by the case.
In South Carolina, to establish intentional infliction of emotional distress, a plaintiff must demonstrate that the defendant's conduct was extreme and outrageous, causing severe emotional distress.
The court held that the plaintiff must show extreme and outrageous conduct by the defendant to succeed on the intentional infliction of emotional distress claim.
The court reaffirmed the standards for intentional infliction, indicating that mere insults or conduct that is not extreme does not meet the threshold.
The court ruled that the plaintiff's claim was insufficient because the conduct, while reprehensible, did not reach the level of being extreme and outrageous.
South Carolina's application mirrors the federal standard under the Restatement (Second) of Torts, emphasizing extreme and outrageous conduct. However, South Carolina courts maintain slightly stricter interpretations of what constitutes 'extreme and outrageous' compared to some federal jurisdictions.
Issues of intentional infliction of emotional distress, particularly the extreme and outrageous conduct requirement, are relevant for the South Carolina bar exam.