Intentional Infliction of Emotional Distress

Question 1

IIED

Answer 1

the D, by (1) extreme and outrageous conduct (2) intentionally or recklessly (3) causes the victim (4) severe mental distress

Question 2

extreme/outrageous conduct

Answer 2

IIED requires that the D’s behavior be “beyond all possible bounds of decency” and are “utterly intolerable in a civilized society” would lease average person to feel outraged

Question 3

intent or recklessness

Answer 3

IIED requires that the D intended to cause the distress or acted in disregard to the victim’s emotional state

Question 4

causal relationship IIED

Answer 4

IIED requires a clear casual link between the defendant’s actions and the victim’s distress

Question 5

severity of IIED

Answer 5

requires that the victim’s distress be severe, not mild. P must show at least her distress was severe enough that she sought medical aid. courts consider the intensity and duration of the distress as primary factors.

Question 6

third-party recover for IIED

Answer 6

generally not held to transfer between parties. courts may make an exception if the P presence is known to the tortfeasor and the P has a close relationship to the other victim

Question 7

when may the P1 recover for IIED under transferred intent

Answer 7

(1) D directs his conduct to a member of P’s immediate family
(2) P is present
(3) P’s presence is known to D

Question 8

what are the exceptions of IIED

Answer 8

heightened sensitivities, knowledge, and public utilities