Which statement is an essential element of intentional infliction of emotional distress (IIED)?

Study for the Torts Multistate Bar Examination. Enhance your knowledge with multiple choice questions and detailed explanations. Develop the skills needed to excel in your bar exam!

Multiple Choice

Which statement is an essential element of intentional infliction of emotional distress (IIED)?

Explanation:
Extreme and outrageous conduct is the essential element because IIED liability hinges on whether the defendant’s behavior goes beyond all bounds of decency in a civilized society. It’s the threshold that distinguishes mere hurt feelings or insults from conduct that can give rise to liability. The conduct must be so extreme and outrageous that a reasonable person would find it intolerable. Once that level is met, other elements come into play—intent or recklessness to cause distress, causation, and severe emotional distress—but the core hurdle is establishing outrageous conduct. Physical harm is not required, and premeditation isn’t a separate requirement.

Extreme and outrageous conduct is the essential element because IIED liability hinges on whether the defendant’s behavior goes beyond all bounds of decency in a civilized society. It’s the threshold that distinguishes mere hurt feelings or insults from conduct that can give rise to liability. The conduct must be so extreme and outrageous that a reasonable person would find it intolerable. Once that level is met, other elements come into play—intent or recklessness to cause distress, causation, and severe emotional distress—but the core hurdle is establishing outrageous conduct. Physical harm is not required, and premeditation isn’t a separate requirement.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy