Business, Legal & Accounting Glossary
Intentional infliction of emotional distress can rise to the level of a tort if the defendant acted in a reckless or intentional manner, their behaviour was outrageous and extreme, and their conduct is the proximate cause of the plaintiff’s emotional distress.
To prove a personal injury claim for intentional infliction of emotional distress you will have to prove four elements of your case:
Extreme and dangerous is not always clearly defined and may vary by state, but it generally means the conduct of the defendant was “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.”The courts have decided, however, the defendant’s conduct must be “more than malicious and intentional, and liability does not extend to mere insults, indignities, threats, annoyances, or petty oppressions.”
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This glossary post was last updated: 1st April, 2020 | 3 Views.