mod 4 Flashcards
(29 cards)
What is Intentional Infliction of Emotional Distress (IIED)?
A tort that allows recovery when a defendant, through extreme and outrageous conduct, intentionally or recklessly causes a victim to suffer severe emotional distress.
What constitutes Extreme and Outrageous Conduct?
Behavior that exceeds all bounds of decency in a civilized society; it must go beyond mere insults or offensive language.
What is Severe Emotional Distress?
Emotional suffering that is substantial or enduring; in many jurisdictions, no physical symptoms are required to prove it.
What does Recklessness mean in the context of IIED?
A mental state where the defendant knows there’s a high probability their conduct will cause emotional harm but acts anyway.
What is the First Restatement (1934)?
Early tort guidance that recognized IIED only when emotional distress caused physical injury.
What is the Second Restatement (1947)?
Expanded IIED to allow recovery without physical manifestations and laid out modern standards for the tort.
What is the Third Restatement?
Modern guidance that pulls back from some expansions in the Second Restatement, particularly in third-party recovery.
What was the significance of Hustler Magazine v. Falwell (1988)?
A U.S. Supreme Court case holding that public figures cannot recover for IIED without proving actual malice in cases of parody or satire.
What was decided in Snyder v. Phelps (2011)?
A Supreme Court case holding that even hurtful speech on matters of public concern is protected under the First Amendment.
What is Actual Malice (New York Times standard)?
Knowledge that a statement is false or reckless disregard for its truth or falsity; required when public figures sue over certain types of speech.
What is Third-Party Recovery?
Legal doctrine that allows someone other than the direct target of the conduct (e.g., a close family member) to recover for emotional distress under specific conditions.
Who are Common Carriers & Innkeepers?
Entities like bus companies or hotels that historically had heightened duties and could be liable for offensive behavior even if not ‘outrageous.’
What is a Pattern of Harassment?
Repeated acts or conduct—especially sexual or racial in nature—that may rise to the level of extreme and outrageous when taken together.
What does Public Concern refer to?
A legal term used to describe speech that relates to political, social, or community issues—generally protected under the First Amendment.
What are the essential elements required to prove a claim of intentional infliction of emotional distress?
- Extreme and outrageous conduct, 2. Intent or recklessness, 3. Causation, and 4. Severe emotional distress.
How does ‘recklessness’ differ from ‘intent’ in the context of IIED?
Intent means the defendant desired or knew harm was substantially certain to occur; recklessness means conscious disregard of a high risk of emotional harm.
Define ‘extreme and outrageous conduct’ in your own words.
Behavior that goes beyond all bounds of decency and is considered intolerable in a civilized society.
What is the significance of removing the requirement for physical manifestations in modern IIED claims?
It recognizes that emotional harm can be real and severe even without physical symptoms, improving access to justice for mental suffering.
How did the recognition of IIED change between the First Restatement and the Second Restatement?
The First Restatement required physical injury; the Second Restatement allowed recovery for severe emotional distress alone if caused by outrageous conduct.
Why was State Rubbish Collectors Ass’n v. Siliznoff an important case for the development of IIED?
It was the first U.S. case to recognize IIED as a stand-alone tort, without needing a physical injury or another tort like assault.
How did the Third Restatement revise the doctrine of third-party recovery?
It narrowed recovery to close family members who are present and aware of the outrageous conduct and its effect on the primary victim.
How does the law treat offensive speech in IIED claims when the plaintiff is a public figure?
Public figures must prove the speech was made with actual malice and not protected by the First Amendment—even if emotionally distressing.
Under what circumstances can a third-party recover for IIED?
If they are an immediate family member, present during the conduct, and the defendant knew of their presence.
Why is liability more likely when extreme conduct is directed at vulnerable victims (e.g., children or patients)?
Because the law imposes a higher duty of care toward those who are especially susceptible to emotional harm.
