Torts Restatement Problems Practice Test

To successfully establish a claim for Intentional Infliction of Emotional Distress (IIED), it is essential to demonstrate that the defendant's conduct was extreme and outrageous. This is a cornerstone of IIED claims as the law requires that the behavior go beyond the bounds of decency tolerated by society.

The term "extreme and outrageous" refers to conduct that is so outrageous that it would cause a reasonable person to experience severe emotional distress. This standard is quite high, ensuring that only truly egregious conduct will meet this threshold. Consequently, a mere insult or minor annoyance typically does not suffice to support an IIED claim.

While the intent of the defendant and the resulting emotional distress experienced by the plaintiff are important, they are secondary to establishing the extreme and outrageous nature of the defendant's actions. The absence of a physical injury also does not bar recovery in IIED claims, as the focus is squarely on the emotional harm caused by the outrageous conduct. In addition, having an immediate witness to the actions is not a requirement for a valid claim in this context.