Intentional Infliction of Emotional Distress
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Intentional infliction of emotional distress (IIED), also known as the tort of emotional distress, is a legal claim that allows an individual to seek compensation for severe emotional suffering or distress caused by the intentional or reckless conduct of another person.
IIED claims can arise in a variety of situations, such as cases involving intentional infliction of emotional distress in the workplace (e.g. workplace harassment or bullying), in personal relationships (e.g. intentional infliction of emotional distress in domestic abuse cases), or in response to certain actions by businesses or individuals. To successfully bring an IIED claim, the following elements are typically required:
Extreme and outrageous conduct: This element requires that the defendant's behaviour goes well beyond what is considered normal or acceptable in society. It is not enough for the conduct to be merely offensive or hurtful; it must be extreme and outrageous. It must be conduct that would cause a reasonable person to react with strong emotional distress. Courts often consider factors such as the context of the behaviour, the relationship between the parties, and societal norms to determine whether the threshold has been met. Examples of extreme and outrageous conduct might include a supervisor repeatedly subjecting an employee to severe and humiliating verbal abuse or a person making false statements about another person that are intended to harm the reputation and well-being of that employee.
Intent or recklessness: The defendant must have engaged in the conduct either intentionally or recklessly, knowing that his actions would likely cause severe emotional distress to the plaintiff. Intent means that the defendant purposefully engaged in the behaviour with the knowledge that it would cause severe emotional distress to the plaintiff. Recklessness means that the defendant knew or should have known that his conduct was likely to result in such distress. For example, if someone intentionally spreads false and damaging rumours about another person, with the knowledge that it will cause severe emotional distress, this can satisfy the intent or recklessness requirement.
Causation: There must be a direct causal link between the defendant's extreme and outrageous conduct and the emotional distress suffered by the plaintiff. In other words, the distress must be a direct result of the defendant's actions. Proving causation can sometimes be a complex issue, and the plaintiff must demonstrate that his emotional distress was a foreseeable consequence of the defendant's conduct.
Severe emotional distress: The emotional distress experienced by the plaintiff must be severe. This means that the distress goes beyond ordinary levels of anxiety or upset and results in significant harm or impairment to the plaintiff's mental or emotional well-being. Severe emotional distress typically involves symptoms such as severe anxiety, depression, panic attacks, or other significant psychological harm. Courts generally require objective evidence of this distress, such as testimony from mental health professionals or medical records. Mere annoyance or inconvenience is insufficient to establish a claim of IIED.
IIED claims can be challenging to prove in court because the threshold for what constitutes extreme and outrageous conduct is high, and courts often carefully scrutinise these cases to avoid opening the floodgates for frivolous claims. Additionally, not all offensive or hurtful behaviour rises to the level of IIED; there must be a significant degree of egregiousness.
IIED claims can arise in a variety of situations, such as cases involving intentional infliction of emotional distress in the workplace (e.g. workplace harassment or bullying), in personal relationships (e.g. intentional infliction of emotional distress in domestic abuse cases), or in response to certain actions by businesses or individuals. To successfully bring an IIED claim, the following elements are typically required:
Extreme and outrageous conduct: This element requires that the defendant's behaviour goes well beyond what is considered normal or acceptable in society. It is not enough for the conduct to be merely offensive or hurtful; it must be extreme and outrageous. It must be conduct that would cause a reasonable person to react with strong emotional distress. Courts often consider factors such as the context of the behaviour, the relationship between the parties, and societal norms to determine whether the threshold has been met. Examples of extreme and outrageous conduct might include a supervisor repeatedly subjecting an employee to severe and humiliating verbal abuse or a person making false statements about another person that are intended to harm the reputation and well-being of that employee.
Intent or recklessness: The defendant must have engaged in the conduct either intentionally or recklessly, knowing that his actions would likely cause severe emotional distress to the plaintiff. Intent means that the defendant purposefully engaged in the behaviour with the knowledge that it would cause severe emotional distress to the plaintiff. Recklessness means that the defendant knew or should have known that his conduct was likely to result in such distress. For example, if someone intentionally spreads false and damaging rumours about another person, with the knowledge that it will cause severe emotional distress, this can satisfy the intent or recklessness requirement.
Causation: There must be a direct causal link between the defendant's extreme and outrageous conduct and the emotional distress suffered by the plaintiff. In other words, the distress must be a direct result of the defendant's actions. Proving causation can sometimes be a complex issue, and the plaintiff must demonstrate that his emotional distress was a foreseeable consequence of the defendant's conduct.
Severe emotional distress: The emotional distress experienced by the plaintiff must be severe. This means that the distress goes beyond ordinary levels of anxiety or upset and results in significant harm or impairment to the plaintiff's mental or emotional well-being. Severe emotional distress typically involves symptoms such as severe anxiety, depression, panic attacks, or other significant psychological harm. Courts generally require objective evidence of this distress, such as testimony from mental health professionals or medical records. Mere annoyance or inconvenience is insufficient to establish a claim of IIED.
IIED claims can be challenging to prove in court because the threshold for what constitutes extreme and outrageous conduct is high, and courts often carefully scrutinise these cases to avoid opening the floodgates for frivolous claims. Additionally, not all offensive or hurtful behaviour rises to the level of IIED; there must be a significant degree of egregiousness.
