. (1) State Rubbish Collectors Ass’n v. Siliznoff – D threatens that if P, a garbage collector, … Intentional infliction of emotional distress is defined in Restatement (Second) of Torts §46(1) (1965) as: The elements of a claim are: (1) the defendant must act intentionally or recklessly; (2) the defendant’s conduct must be extreme or outrageous; and (3) the conduct must be the cause (4) of extreme emotional … It is different from intentional infliction of emotional distress (IIED) because NIED does not … ix) Conditional treat: Where D threatens the harm only if P does not obey D’s demands, the existence of an assault depends on whether D had the legal right to compel P to perform the act in question. Intent must be borne from the defendant’s actions, not from the defendant’s motivations. (iii)Children: 1. D shoots and misses. We treat those whose mental capacity is diminished as adults. Held, since P does not allege that D knew of her presence (nor that D intended to cause her emotional distress), P’s claim does not state a cause of action. (c) There is no general right for law enforcement (police) to take away the liberties of another. Held, D has committed the tort of assault, even though P was not touched. The act must be intentional or substantially certain, but the consequences need not be. Some jurisdictions refer to IIED as the tort of outrage. P is not actually touched, nor is he frightened. Held, the court did not find the harm severe enough to hold D liable. Intentional infliction of emotional distress (“IIED”) is an alternative claim to defamation that plaintiffs may pursue and is a civil tort that involves conduct that is so terrible and outrageous that it causes severe emotion distress and trauma to the victim. 2d 905, 912 (C.D. (6) He acts with the desire to affect the plaintiff, but for an entirely permissible or laudable purpose. ii) Intent: The term “trespass” today refers only to intentional interference with P’s interest in property. The biggest difference between Negligent and Intentional Infliction of Emotional distress is the intention of the defendant. (2) Children defendants are treated as adults. In New Jersey Statutes 2C:12-10, emotional distress is defined as “significant mental suffering or distress.” While that specific definition is simply the one used for the purposes of that specific act, this should at least give you an idea of how the term is used in New Jersey law. There is no strict liability. P must demonstrate that she felt compelled to obey. 4 Torts Outline iv) Extends to personal effects: Battery may be committed not only by contact with plaintiff’s body, but also contact with her clothing, an object she is holding (e.g. P must show at least that her distress was severe enough that she sought medical aid. The airspace, which lies above the immediate reaches of his land, is the public domain. (2) D knows with substantial certainty that P will suffer emotional distress. (1) Western Union Telegraph Co. v. Hill – P comes into a telegraph office managed by D, and reminds D that he is under contract to fix her clock. (2) Escape is unreasonable if: (1) it involves exposure of the person; (2) there will be material harm to clothing to escape; (3) there is danger of substantial harm; or (4) P does not know of its existence or it is not apparent. (2) Trespass to chattels protects the right to unfettered possession of things. But intentional infliction of emotional distress as a tort has many disadvantages. (Example: D intends to tap P lightly on the chin to annoy him. D has the necessary intent for battery. (2) Intentional disfigurations of corpses. f) Intentional Infliction of Emotional Distress i) Definition: This tort is the intentional or reckless infliction, by extreme and outrageous conduct, of severe emotional or mental distress, even in the absence of physical harm. Factors include: (1) Duration of D’s dominion over the property. vi) Scope of harm: If you put a course of harm into motion, you are responsible for all the harms to that person regardless of foreseeability. Working 24/7, 100% Purchase This is not false imprisonment, since D did not intend to confine P. ) iii) “Confinement”: The idea of confinement is that P is held within certain limits, not that she is prevented from entering certain places. The question is imminence. This conduct is sufficiently outrageous to qualify. (2) Visibility: If the substance is invisible, but it accumulates, it can be trespass (air pollution). Intentional infliction of emotional distress generally involves some kind of conduct that is so terrible that it causes severe emotional trauma to the victim. Doe v. White, 627 F. Supp. The tort of intentional infliction of emotional distress (IIED) is defined as the plaintiff acting abominably or outrageously with the intention of causing the defendant to suffer severe emotional distress. b) Purposes of tort law: (1) to provide a peaceful means for adjusting the rights of parties who might otherwise “take the law into their own hands”; (2) to deter wrongful action; (3) to encourage socially responsible behavior; and, (4) to restore injured parties to their original condition, insofar as the law can do this, by compensating them for their injury. ii) Distinguish: (1) The intent to do an act. P claimed false imprisonment. D hopes P won’t see him, but P does. (3) City of Newark v. Eastern Airlines – P’s claimed that airline D was flying so low to their property as to constitute a nuisance and a trespass to land. (1) Example 1: D shoots at P, intending to hit him with a bullet. Emotional Distress. (2) Assault in tort: The victim must have an apprehension of contact and it is not necessary that the defendant have the actual ability to carry out the threat. (3) Summary: So D has the requisite intent for assault if D either “intends to commit an assault” or “intends to commit a battery. He rides a horse, which runs away with him and runs the plaintiff down. Transferred intent only applies to intentional torts. D has one of the two alternative intents required for assault – the intent to put P in imminent apprehension of a harmful or offensive contact – so the fact that D does not desire to “harm” P is irrelevant.). Still, as an overall definition, it consists of extreme or outrageous conduct, meant to cause intense emotional distress to another, which results in … Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. Example: there is no assault where the P did not know that a gun was aimed at him with the intent to shoot him. P is frightened, but his shot misses. (2) The intent to bring about the consequences. A "series of subtle, yet damaging, injuries" is … v) Children and intentional torts: (1) Kids, as plaintiffs are different than kids as defendants. Actual and proximate causation of the emotional distress by the defendant's outrageous conduct. v) Future threats are generally not actionable. In determining the severity of emotional distress consideration is given to its intensity and duration also. b) Intent i) Meaning of intent: There is no general meaning of “intent” when discussing intentional torts. (3) In comparative fault, children plaintiffs are given credit for their modified capacity as minors. (Example: D, a pilot, loses control of the aircraft, and the aircraft lands on P’s property. “The intentional snatching of an object from one’s hand is as clearly an offensive invasion of his person as would be an actual contact with his body. Viehweg v. Vic Tanny Intern. Children are liable for intentional torts. (Example: A intentionally punches B in the nose. ” iii) Apprehension test: (1) Must be reasonable (2) Apprehension is not to be confused with fear or intimidation. If so, he meets the intent requirement for battery. xi) Criminal v. civil (tortious) assault: (1) Criminal: A victim need not have an apprehension or fear of contact. ” The test is whether or not the contact was permitted by the plaintiff. As between a person injured and the one who has diminished capacity, the equity lies with the victim. Held, the case must be remanded to the trial court, to determine whether Brian indeed knew with substantial certainty that P would fall. Intentional Infliction of Emotional Distress: Definition and Examples is the lesson you can use to learn more about these case types. This is typically done by a defendant vocally issuing the threat of future harm to a plaintiff. D misses, but P is frightened by the attempt. (1) Unless there is a power of attorney. (2) I DE S ET UX v. W DE S – P runs a tavern with her husband. Generally, the conduct must be very extreme or outrageous in nature to … That's where a claim of intentional infliction of emotional distress (IIED) comes in. (2) Transfer to third party: D can also commit conversion by transferring a chattel to one who is not entitled to it. (1) Intended apprehension: First, D intends to put P in imminent apprehension of the harmful or offensive contact, even if D does not intend to follow through (e.g. (1) Loss of possession: If P loses possession of the chattel for any time, recovery is allowed even if the chattel is returned unharmed. (3) The defendant does not act. © 2012 Farlex, Inc. Intentional Infliction of Emotional Distress Elements When a person is injured, he or she may be able to recover compensation for damages by filing an injury claim. But keep in mind that the jury … can send it to you via email. There is no consent when it is based on fraud. (2) Negligence: If D negligently enters P’s land, this is generally treated, as the tort of negligence, not trespass. ii) Intent: “Intent” for this tort is a bit broader than for others. FOR ONLY $13.90/PAGE, Using Emotional Intelligence to Communicate in a…, FAA v. Cooper – Oral Argument – November 30, 2011, Hustler Magazine, Inc. v. Falwell – Oral Argument – December 02, 1987, Planned Parenthood of Southeastern Pennsylvania v. Casey. Emotional distress damages are often sought after in personal injury cases. (1) Consent for partial confinement is OK. The body of law is shifting to recognize not only bodily harm, but also serious, unprivileged, intentional invasions against emotional and mental tranquility. . (3) The harm done to the property. (1) State Rubbish Collectors Ass’n v. Siliznoff – D threatens that if P, a garbage collector, does not pay over part of his garbage collection proceeds to D and his henchmen, D will severely beat P. Since D’s conduct is extreme and outrageous, and since he has intended to cause P distress (which he has succeeded in doing), D is liable for infliction of emotional distress. Attempted battery = assault. But battery also covers contacts, which are merely “offensive,” i. e. , damaging to a “reasonable sense of dignity. (2) Slocum v. Food Fair Stores of Florida – P, a shopper, asked D, an employee of a grocery store, for the price of an item. (i) The court rejects the notion that purpose and motive are necessary for intent. This puts pressure on society to control children and those with diminished capacity. vii) Medical malpractice: Completely unsolicited, unconsented touching (e. g. , unwarranted surgery) is a battery. (2) Example 2: D shoots at P, intending to miss P, but also intending to make P think that P would be hit. This is because of the toll a physical injury can take on the mind after a person has been involved in a car accident. truly extreme and outrageous. ii) Intent: Conversion is an intentional tort, but all that is required is that D have intended to take possession of the property. A has committed battery. ) Mistake as to ownership will not be a defense. Intentional Infliction of Nervous Shock A cause of action in tort law which, if founded on the facts, leads to an award of damages. Courts expect a “tough skin. Generally, it should be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. (Alcorn v. Anbro Engineering, Inc (1970) 2 Cal.3d 493, 497-498. This rule applies in the “transferred intent” situation as well. This is generally defined as conduct that exceeds all bounds of decent behavior. If someone causes emotional distress by exercising their legal rights, it doesn’t count as intentional infliction of emotional distress. 5 Torts Outline (2) Intent to make contact: Alternatively, D intends to in fact cause a harmful or offensive bodily contact. Damages for emotional distress have been permitted only where there are some means for assuring the validity of the claim. vi) False imprisonment must be against the will of the plaintiff. civil wrong) that occurs when an individual suffers emotional distress due to an intentional or reckless act committed by another party. D is liable for conversion, notwithstanding his honest mistake about title.) If the defendant intends any one of these and any one of these occurs, he is liable. (i) For IIED, the conduct must be directed at the plaintiff (contrast with negligent infliction of emotional distress). (Example: D takes P’s car for a five-minute “joy ride,” and returns it unharmed. intentional infliction of emotional distress adjective Referring to a civil action against a person who allegedly said or did something so outrageous or insulting to the plaintiff that he or she suffered subsequent emotional damage. P cannot recover because D did not know of P’s presence. Dist. (2) D’s good or bad faith. of Missouri, Inc., 732 S.W.2d 212, 213 (Mo.App.1987). D only has to pay damages, not the full value of the property (as in conversion below). Thus if A intends to frighten B by shooting near her, and the bullet accidentally hits C, A has committed a battery upon C. iv) Five “trespass writ” torts: (1) battery; (2) assault; (3) false imprisonment; (4) trespass to land; and (5) trespass to chattels. . Intentional infliction of emotional distress (IIED) is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. There is no clarity in defining what an “outrageous” act is. (1) Example: D wants to have sex with P, and locks her in his bedroom for two hours hoping that P will agree. In this case it was the awareness at the time of the confinement, not the inability to recall the confinement, that makes it false imprisonment. (4) Rights of airspace are based on use & function. ” 10 Torts Outline (1) Example: D, as a practical joke, tells P that her husband has been badly injured in an accident, and is lying in the hospital with broken legs. h) Trespass to Chattels i) Definition: “Trespass to chattels” is defined as any intentional interference with a person’s use or possession of a chattel. D said, “If you want to know the price, you’ll have to find out the best way you can … you stink to me. The person suffering from extreme emotional distress can sue the other party for the harm done to them. 8 Torts Outline (1) Parvi v. City of Kingston – Police take the intoxicated P out to an abandoned golf course to “dry out. Emotional Distress 2. (1) Example: D, a bill collector, threatens to punch P in the face if P does not pay a bill immediately. (Example: D shoots a gun at P, trying to hit him. iii) Particles and gases: If D knowingly causes objects, including particles or gases, to enter P’s property, most courts consider this trespass. ix) Liberty: One person cannot give away the right to liberty of another. Negligent infliction of emotional distress is defined as the causing of severe emotional trauma due to negligent action. GET YOUR CUSTOM ESSAY It is a common law tort, meaning that it does not have a statutory definition; rather, it is defined in case law. iii) “Extreme and outrageous”: P must show that D’s conduct was extreme and outrageous. Convenient, Affordable Legal Help - Because We Care! viii) Escape (1) If there is a reasonable means of escape (e. g. , a known way out), there is no false imprisonment. So if D attempts to cause emotional distress to X (or to commit some other tort on him), and P suffers emotional distress, P usually will not recover. Where plaintiff alleged facts that make it plausible that police officer defendants could have intervened to prevent the use of excessive force, defendants' 12(b)(6) motion to dismiss claims for excessive force and intentional infliction of emotional distress are denied, but a motion to dismiss the conspiracy claim is allowed … iv) Means used: The imprisonment can be carried out by direct physical means, but also by threats or by the assertion of legal authority. D’s conduct has to be “beyond all possible bounds of decency. Held, false imprisonment is not suffered unless its victim knows of the dignitary invasion at the time of the incident or confinement. Negligent Infliction of Emotional Distress In addition to the tort of intentional infliction of emotional distress, most jurisdictions allow recovery for emotional harm under a theory of negligence. . This is not false imprisonment – P can go anywhere else, so she has not been “confined. (2) Unless there is a legal guardianship (3) Unless there is mental incapacity. Although the child may be liable, the parents may not have to pay. Intentional Infliction of Emotional Distress The Defendant’s conduct must be “extreme and outrageous”. Held, a trespass to land must include: (1) an invasion affecting an interest in the exclusive possession of one’s property; (2) an intentional doing of the act which results in the invasion; (3) reasonable foreseeability that the act done could result in an invasion to plaintiff’s possessory interest; and (4) substantial damage to the res. Seeing a child die in an automobile accident from a distance or receiving a letter from someone falsely claiming that a close family member had died are all examples of intentional infliction of emotional distress. (c) Innkeeper/common carrier – same conduct, different defendant. D keeps the painting in his house for 10 years. This is false imprisonment, because D has intentionally confined P. (2) Big Town Nursing Home, Inc. v. Newman – Plaintiff was locked up against his will in a nursing home by the staff of the home. (b) High likelihood: But if it is merely “highly likely” and not “substantially certain,” that the bad consequences will occur, then the act is not an intentional tort. 2 Torts Outline (ii) Regarding intentional torts, we treat those with diminished mental capacity the same as undiminished adults. With respect to the medical community, there is no general right to take away the liberty of others. Intentional Infliction of Emotional Distress (IIED) is a tort (i.e. iv) Air space: It can be trespass for a plane to fly over P’s property. ” D then leans across the counter, attempting to touch P. Held, it is a question for the jury whether or not the counter was so wide that D could not have leaned over and touched P. (By implication, if the counter was so wide that D could not have touched P, there could be no assault, even though P may have worried that D would have come around the counter and chased her. ) Conversion is about usage (does not require damage). This is probably not false imprisonment.). (a) One person cannot give away the rights to liberty of another unless there is (1) a power of attorney, or (2) legal guardianship, or (3) mental incompetency. The term emotional distress damages refers to the monies awarded to a plaintiff in a case wherein that person has suffered a severe psychological impact as the result of the actions of another person. Requires a balancing of factors between the harms & benefits of that which is creating the nuisance. One definition of intentional infliction of emotional distress might look something like this: "Liability for IIED can arise when one person's extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another." A person who breaches a tort duty (i. e. , a duty to act in a manner that will not injure another person) has committed a tort and may be liable in a lawsuit brought by a person injured because of that tort. (Example: D shots at A, and accidentally hits B. One night when the tavern is closed, D demands wine. ” (4) Exceptions: (a) Where the conduct is continuos. (1) If you intend to be on another’s property, it is trespass. ”) (1) Whittaker v. Sandford – D induces P to sail with him from Syria to America, promising to let P off the boat as soon as it arrives in the U. S. The boat arrives at a U. S. port, but D refuses to give P a rowboat so that she can leave the yacht. iii) Harmful or offensive contact: If the contact is “harmful” – i. e. , it causes pain or bodily damage – this qualifies. Why? This applies to indirect contact, too (e. g. , by ordering his dog to attack the plaintiff). Their conduct must be directed at the right type of plaintiff (guests, passengers). Held, a landowner owns not only as much of the space above the ground as he occupies, but also as much thereof as he may use in connection with the land. It includes all highly unpleasant mental reactions, such as fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation and indignity, as well as physical pain. The main criticism that such a definition of intentional infliction of emotional distress is that the views of the individual have too much of an influence in determining the outcome of such a tort. 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