IIED

Question 1

What is the intentional tort of intentional infliction of emotional distress (IIED)?

Answer 1

Occurs when the defendant acts with extreme or outrageous conduct that causes severe emotional distress to the plaintiff.

Defined under the Restatement (Third) of Torts, Section 46 cmt. d.

Question 2

How is ‘extreme or outrageous conduct’ defined?

Answer 2

Behavior that is beyond the bounds of human decency, regarded as intolerable in a civilized community.

This definition is found in the Restatement (Third) of Torts, Section 46 cmt. d.

Question 3

Is mere rudeness sufficient to constitute extreme or outrageous conduct?

Answer 3

No, mere rudeness or callous offensiveness is insufficient.

This includes isolated sexual propositions and the use of racial epithets alone.

Question 4

What factors do courts consider in determining whether conduct is extreme or outrageous?

Answer 4

Factors include:
* The vulnerability of the plaintiff
* The relationship of the defendant to the plaintiff
* The defendant’s pattern of behavior to the plaintiff
* The defendant’s knowledge of the plaintiff’s susceptibility to emotional distress

These factors help assess the context of the conduct.

Question 5

What must a plaintiff prove to recover for IIED?

Answer 5

The plaintiff must prove severe emotional distress.

Physical injuries are not required, but actual damages must be shown.

Question 6

Can a plaintiff seek nominal damages for IIED?

Answer 6

No, the plaintiff may not seek nominal damages for IIED.

Actual damages are required.

Question 7

What is required from the defendant regarding intent in an IIED claim?

Answer 7

The defendant must act with specific or general intent or with recklessness regarding the risk of causing severe emotional distress.

Specific intent means the defendant desires the outcome, while general intent means they are substantially certain it will occur.

Question 8

What special rules apply to bystanders suffering emotional distress?

Answer 8

Bystanders may recover if they meet these criteria:
* They are a close relative of the primary victim
* They are present at the scene of the outrageous conduct
* The defendant knows the close relative is present

Most courts require these conditions to be met for recovery.