What is Intentional Infliction of Emotional Distress?

Intentional infliction of emotional distress is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same. Some jurisdictions refer to intentional infliction of emotional distress as the tort of outrage.

Rationale for Classification

Intentional infliction of emotional distress was created in tort law to address a problem that would arise when applying the common law form of assault. The common law tort of assault did not allow for liability when the threat was not imminent. A common case would be a future threat of harm that would not constitute common law assault, but would nevertheless cause emotional harm to the recipient. Intentional infliction of emotional distress was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred from compensation under the common law form.

Elements

1. Defendant acted intentionally or recklessly; and

2. Defendant’s conduct was extreme and outrageous; and

3. Defendant’s act is the cause of the distress; and

4. Plaintiff suffers severe emotional distress as a result of defendant’s conduct.

Intentional or reckless act

The intent of the act need not be to bring about emotional distress. A reckless disregard for the likelihood of causing emotional distress is sufficient. For example, if a defendant refused to inform a plaintiff of the whereabouts of the plaintiff's child for several years, though that defendant knew where the child was the entire time, the defendant could be held liable for Intentional infliction of emotional distress even though the defendant had no intent to cause distress to the plaintiff.

Extreme and Outrageous Conduct

The conduct must be heinous and beyond the standards of civilized decency or utterly intolerable in a civilized society. Whether the conduct is illegal does not determine whether it meets this standard. Intentional infliction of emotional distress is also known as the tort of "outrage," due to a classic formulation of the standard: the conduct must be such that it would cause a reasonable person to exclaim "Outrageous!" in response. Some general factors that will persuade that the conduct was extreme and outrageous (1) there was a pattern of conduct, not just an isolated incident; (2) the plaintiff was vulnerable and the defendant knew it; (3) the defendant was in a position of power; (4) racial epithets were used; and (5) the defendant owed the plaintiff a fiduciary duty.

Causation

The actions of the defendant must have actually caused the plaintiff's emotional distress.

Plaintiff Must Actually Suffer Emotional Distress

The emotional distress suffered by the plaintiffs must be "severe." This standard is quantified by the intensity, duration, and any physical manifestations of the distress. A lack of productivity or a mental disorder, documented by a mental health professional, is typically required here, although acquaintances' testimony about a change in behaviour could be persuasive.

An example of an act which might form the basis for a claim of intentional infliction of emotional distress would be sending a letter to an individual falsely informing the person that a close family member had been killed in an accident.