Intentional Infliction of Emotional Distress
a. Intentional Infliction of Emotional Distress (IIED)
i. Need outrageous conduct and as result severe distress by P (but not physical—can just be mental).
ii. Elements- need (1) outrageous conduct and (2) severe distress
1. Outrageous Conduct
a. The goal or purpose is to upset plaintiff—the focus is on what the means are to upset someone. So can use non-outrageous conduct to upset. Method employed matters.
i. Can be intentional or reckless conduct.[1]
b. Conduct is outrageous if it “exceeds all bounds of decency tolerated in a civilized society”—put in essay.
c. *NY- courts very reluctant to enforce this.
d. Mere insults- not outrageous by legal consensus.
e. No complete catalogue but plus factors (hallmarks) exist (not exhaustive):
i. Continuous or repetitive conduct—course of conduct.-if Visa called once in middle of night and cursed out once, not IIED, but if every night, then yes.
ii. D is common carrier or Innkeeper[2]- Duty to be very nice to guests/passengers historically so if act even a little mean its IIEDà if they sent up rat under plate instead of lunch, that is IIED because supposed to be nice
iii. Plaintiff is member of fragile class of persons-if came up to person on street and cursed out, would not be IIED—but if cursed out little 5-year old child, that would be outrageous. Elderly-if went up to woman on street and cursed out, that would be IIED. Pregnant woman- IIED but must know pregnant—cannot be 2 months pregnant.
1. Extreme Sensitivity- Putting rubber snake on co-workers chair- though terrible if has heart attack and EMT comes, that is an extreme sensitivity. Not outrageous unless knew about phobiaàif aim for psychological Achilles’ Heel, then it’s IIED—but major outrageous conduct is still essential here; having feelings hurt is not enough.[3]
2. Example of Superstitious Farmer with Hex-if got farmer to sell farm by putting Hex on it and that causes emotional distress, that is IIED.
2. Need Severe or Extreme Distress-no specific requirement; does not need physical symptoms; mild or momentary distress is not enough; cannot be just hurt feelings.
a. Emotional Distress could include - fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, and nausea.
b. Does not need to be objective-it is subjective standard for how upset get—not “reasonable person’s distress” but “distress of ______”
c. If knew of weakness, will get bumped up to outrageous.
d. Liability to a Third Person (family)- actor is subject to liability if he intentionally or recklessly causes severe emotional distress to a member of person’s immediate family who is present at the time—but if family member only later learns of outrageous conduct, that is inadequate.
i. If not a close family member, then P must suffer physical harm as where woman had a miscarriage due to seeing neighborhood kid get thrown into air by speeding car[4] or where man had heart attack because of stupid practical joke (tortious assault) with ax in sporting goods store.
[1] PMBR-Criminal Complaint Example- if PMBR were to file a criminal complaint against a student for entering lecture without paying and student is arrested despite fact that sent entire fee into PMBR immediately, then PMBR may be liable for IIED if it made no effort to inform the prosecutor that the registration fee had been paid in fullàthis could rise to outrageous conduct, even though not intentional (which is rare) because there is a high degree that the mental distress will follow (though not certain)àPMBR was reckless in its deliberate disregard by failing to notify police that criminal matter had been resolved.
[2] Common carrier is any transportation company; innkeeper is any lodging place
[3] Hurting feelings not enough for IIED- even where Dickie Mulehorse Nixon really loved Whittier College football, this extreme sensitivity is not enough to get to IIED if just say something like “you should transfer”—the conduct must be majorly outrageous.
[4] Issue there was whether a person could recover damages for harm resulting from shock caused solely by another’s peril or injury.
i. Need outrageous conduct and as result severe distress by P (but not physical—can just be mental).
ii. Elements- need (1) outrageous conduct and (2) severe distress
1. Outrageous Conduct
a. The goal or purpose is to upset plaintiff—the focus is on what the means are to upset someone. So can use non-outrageous conduct to upset. Method employed matters.
i. Can be intentional or reckless conduct.[1]
b. Conduct is outrageous if it “exceeds all bounds of decency tolerated in a civilized society”—put in essay.
c. *NY- courts very reluctant to enforce this.
d. Mere insults- not outrageous by legal consensus.
e. No complete catalogue but plus factors (hallmarks) exist (not exhaustive):
i. Continuous or repetitive conduct—course of conduct.-if Visa called once in middle of night and cursed out once, not IIED, but if every night, then yes.
ii. D is common carrier or Innkeeper[2]- Duty to be very nice to guests/passengers historically so if act even a little mean its IIEDà if they sent up rat under plate instead of lunch, that is IIED because supposed to be nice
iii. Plaintiff is member of fragile class of persons-if came up to person on street and cursed out, would not be IIED—but if cursed out little 5-year old child, that would be outrageous. Elderly-if went up to woman on street and cursed out, that would be IIED. Pregnant woman- IIED but must know pregnant—cannot be 2 months pregnant.
1. Extreme Sensitivity- Putting rubber snake on co-workers chair- though terrible if has heart attack and EMT comes, that is an extreme sensitivity. Not outrageous unless knew about phobiaàif aim for psychological Achilles’ Heel, then it’s IIED—but major outrageous conduct is still essential here; having feelings hurt is not enough.[3]
2. Example of Superstitious Farmer with Hex-if got farmer to sell farm by putting Hex on it and that causes emotional distress, that is IIED.
2. Need Severe or Extreme Distress-no specific requirement; does not need physical symptoms; mild or momentary distress is not enough; cannot be just hurt feelings.
a. Emotional Distress could include - fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, and nausea.
b. Does not need to be objective-it is subjective standard for how upset get—not “reasonable person’s distress” but “distress of ______”
c. If knew of weakness, will get bumped up to outrageous.
d. Liability to a Third Person (family)- actor is subject to liability if he intentionally or recklessly causes severe emotional distress to a member of person’s immediate family who is present at the time—but if family member only later learns of outrageous conduct, that is inadequate.
i. If not a close family member, then P must suffer physical harm as where woman had a miscarriage due to seeing neighborhood kid get thrown into air by speeding car[4] or where man had heart attack because of stupid practical joke (tortious assault) with ax in sporting goods store.
[1] PMBR-Criminal Complaint Example- if PMBR were to file a criminal complaint against a student for entering lecture without paying and student is arrested despite fact that sent entire fee into PMBR immediately, then PMBR may be liable for IIED if it made no effort to inform the prosecutor that the registration fee had been paid in fullàthis could rise to outrageous conduct, even though not intentional (which is rare) because there is a high degree that the mental distress will follow (though not certain)àPMBR was reckless in its deliberate disregard by failing to notify police that criminal matter had been resolved.
[2] Common carrier is any transportation company; innkeeper is any lodging place
[3] Hurting feelings not enough for IIED- even where Dickie Mulehorse Nixon really loved Whittier College football, this extreme sensitivity is not enough to get to IIED if just say something like “you should transfer”—the conduct must be majorly outrageous.
[4] Issue there was whether a person could recover damages for harm resulting from shock caused solely by another’s peril or injury.
posted by JD at 10:01 AM
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