Intentional Infliction of Emotional Distress – It has three elements:
- Extreme and outrageous conduct,
Defendant must act intentionally or recklessly to cause the severe emotional distress, and - Reckless—Defendant must be aware and consciously disregard a substantial risk
Risk—gross deviation from standard of care
Doesn’t have to be aimed at specific person - Intentional—intent is not transferable has to harm the person aimed at
Must cause such distress
Don’t need professional evidence but do have to prove
Wilkinson v. Downton [2 Q.B. 57 (1897)] – Defendant played a practical joke on the plaintiff by telling her that her husband had been seriously injured in an accident and was lying in a ditch with broken bones. The plaintiff on hearing this suffered a violent shock to her nervous system resulting in weeks of suffering and incapacity. The court held that a party may seek recovery for outrageous conduct that causes physical harm or mental distress.
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