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worty [1.4K]
3 years ago
13

What are the elements of intentional infliction of emotional distress

Social Studies
1 answer:
coldgirl [10]3 years ago
7 0

Answer: The intentional infliction of emotional distress has four elements

(1) The defendant must act intentionally or recklessly.

(2) The defendant's conduct must be extreme and outrageous:

(3) The defendants act is the cause of the distress

(4) Plaintiff suffers severe emotional distress as a result of defendant's conduct.

Explanation:

Intentional or reckless act: It is not necessary that an act be intentionally offensive. A reckless disregard for the likelihood of causing emotional distress is sufficient.

Extreme and outrageous conduct:

The conduct must be horrible and beyond the standards of civilized decency or utterly intolerable in a civilized society. Whether the conduct is illegal does not determine whether it meets this standard.

Cause of the distress: The actions of the defendant must have actually caused the plaintiff's emotional distress beyond the bounds of decency.

Plaintiff suffers severe emotional distress as a result of defendant's conduct: This standard is quantified by the intensity, duration, and any physical manifestations of the distress.

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