IIED

Question 1

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Answer 1

The key testable elements for intentional infliction of emotional distress are:
* An act by the defendant amounting to extreme and outrageous conduct
* The plaintiff must suffer severe emotional distress

Question 2

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Answer 2

This is conduct that transcends all bounds of decency. Conduct that
is not normally outrageous may become so if:
* It is continuous in nature
* It is committed by a certain type of defendant (common carriers or innkeepers may be liable even for mere “gross insults”) OR
* It is directed toward a certain type of plaintiff

Question 3

Causation in Bystander Cases

Answer 3

When the defendant’s conduct is directed at a third person, and the
plaintiff suffers severe emotional distress because of it, the plaintiff
may recover by showing either the prima facie case elements of emotional distress or that (1) they were present when the injury occurred; (2) the distress resulted in bodily harm or the plaintiff is a
close relative of the third person; and (3) the defendant knew these
facts.