IIED

Definition

Intentional Infliction of Emotional Distress (IIED) is a tort that occurs when a person's extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another individual. This tort requires a showing of the defendant's intent to cause emotional harm or their reckless disregard for the likely consequences of their actions. The conduct must go beyond the bounds of decency and be considered atrocious or utterly intolerable in a civilized society.

5 Must Know Facts For Your Next Test

1. To succeed in an IIED claim, the plaintiff must prove that the defendant's conduct was extreme and outrageous, causing severe emotional distress.
2. IIED does not require any physical injury; the focus is solely on the emotional harm caused by the defendant's actions.
3. Common examples of IIED include situations involving harassment, threats, or conduct that intentionally targets vulnerable individuals.
4. The standard for what constitutes 'outrageous conduct' can vary by jurisdiction, but it generally involves behavior that a reasonable person would find intolerable.
5. In some cases, IIED can be claimed alongside other torts, such as battery or defamation, if the conduct encompasses multiple wrongful acts.

Review Questions

• How does IIED differ from other emotional distress claims, such as NIED?
  • IIED requires the plaintiff to show intentional or reckless conduct that is extreme and outrageous, while NIED allows for claims based on negligent behavior without needing to prove intent. In IIED cases, the focus is on the severity of the conduct and its impact on emotional well-being, whereas NIED is concerned with negligent actions leading to emotional distress without necessarily exhibiting egregious behavior. Understanding this distinction helps clarify the level of misconduct required for each type of claim.
• Discuss the importance of establishing 'outrageous conduct' in IIED claims and provide examples that might meet this standard.
  • Establishing 'outrageous conduct' is crucial in IIED claims because it sets the threshold for what constitutes actionable behavior. Examples that might meet this standard include a pattern of severe harassment, threats of violence against someone’s family, or public humiliation that results in emotional trauma. Courts look at societal norms to determine if the behavior goes beyond what is acceptable, making context and circumstances vital in evaluating claims of IIED.
• Evaluate how the evolving standards of IIED impact claims related to online harassment in today's digital age.
  • As online interactions become more prevalent, evolving standards of IIED are increasingly applied to cases of digital harassment. Courts are now considering how extreme online behavior—such as cyberbullying or targeted hate speech—can meet the threshold for outrageous conduct and cause severe emotional distress. This shift reflects society's growing recognition of the serious psychological effects that online harassment can have on individuals, necessitating legal frameworks to address these new forms of harm effectively.

Related terms

Emotional Distress: A legal term referring to mental suffering or anguish caused by an intentional act or negligence.

Negligent Infliction of Emotional Distress (NIED): A tort that allows individuals to claim emotional damages due to another party's negligent actions, even if there was no physical harm.

Outrageous Conduct: Behavior that is so extreme and egregious that it goes beyond the bounds of decency, forming the basis for IIED claims.