Conduct that "exceeds all bounds of decency tolerated in a civilized society." Show HALLMARKS OF OUTRAGEOUS CONDUCT: A court is more likely to find conduct extreme & outrageous if: Mere insults, unaccompanied by anything else, are insufficient. Conduct is outrageous if the defendant has prior knowledge that the plaintiff has an emotional sensitivity and targets it (e.g., knows a co-worker is scared of kittens and puts them on his desk)
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Terms in this set (13)Elements of Intentional Infliction of Emotional Distress (1) Extreme and outrageous conduct Extreme and outrageous conduct "exceeding
all possible bounds which could be tolerated by society" When conduct in question engaged in by D is repetitive or continuous. Normally left for the jury to decide Reasonable Standard Exception for common carriers and innkeepers and cases involving insults based on race or gender. State Rubbish Collectors Ass'n v. Siliznoff D tells P that they are going to beat him up unless he pays them. The P suffered severe emotional distress, but this did not fit the other torts, but circumstances that the court system should address. This is where the courts realized they needed to recognize pure emotional distress as its own tort. Intent for IIED Intentionally- desire the severe emotional distress to occur or having knowledge that it is substantially certain to occur. Recklessly- D acts in conscious disregard of a high probability of risk of distressing Transferred Intent NOT Applicable Severe Emotional Distress "so severe that no reasonable person should be expected to endure it" P is a member of a fragile class of persons. (3 examples) for IIED Young children - when outrageousness is targeted on a young person. The elderly - when outrageousness is targeted on a decrepit elderly person. Pregnant women - D would have to know P is pregnant. Hypersensitive Plaintiff & IIED Extreme sensitivity is never the standard, UNLESS D knows of extreme sensitivity. Deliberately targeting someone's emotional weak spot is outrageous. You know about it and you deliberately target it. Emotional Distress Must Be Severe for IIED So
severe that a reasonable person would not be expected to endure it Causal Connection Between Conduct and Emotional Distress Modern view: Recovery is allowable even if the plaintiff has not suffered any demonstrable physical injuries Rationale: The outrageous nature of the defendant's conduct may be a more reliable indication of damage to the plaintiff than physical injury Harris v. Jones Supervisor makes fun of speech problem. He stated that he could not sleep, lost a great deal of confidence, was scared to go to work everyday. Basically it was "ruining his life." "Humiliation was not, as a matter of law, so intense as to constitute the severe emotional distress required to recover for the tort of IIED" The emotional distress needs to be severe. More sever that being humiliated, in this case there was evidence that some of the confidence problems may have been going on before these actions. We need casual connection his past showed the many symptoms were already present. Why should society have this tort? Protects something that was previously only a factor for damages in other intentional torts Emotion distress can be greater in its degree of harm that the harm cause by battery or assault Deterrence of antisocial and outrageous behavior Why is the standard so tough? Emotional distress is common Need to draw a line between events that should be actionable and minor events Courts want to limit actionable cases Who decides the Components of IIED? Courts decide if P produced sufficient evidence to make out claim If reasonable persons differ as to adequacy of proof, issue is submitted to jury Court may still set standard of reasonableness like in HIV assault case Jury normally decides damages Ability to find similar cases is the best way to help your claim. Sets with similar termsTort Law- Ch 9- Intentional Infliction of Emotiona…9 terms hnkennedy Emotional or Thoughtful32 terms bobbylegrand Types of Appeals23 terms laurencanah Forensic Psychology ch6,7,9,10,11102 terms christen_leigh Sets found in the same folderTrespass to Good/Chattels & Conversion16 terms gkinkelaar Intent17 terms gkinkelaar Battery20 terms gkinkelaar Assault11 terms gkinkelaar
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The tort of intentional infliction of emotional distress quizlet
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