Intentional Infliction of Emotional Distress – D engages Outrageous conduct + P must suffer severe distress.
- Outrageous conduct
- Outrageous: if it exceeds all bounds of decency tolerated in a civilized society.
- Never outrageous: Mere insults without some other plus factors in the fact pattern are not outrageous. Offensive language.
- Hallmarks of outrageousness (3): look for indicators.
- When conduct in question engaged in by D is repetitive or continuous.
- EX: Visa calls every night at 3am for a month and threatens.
- When D is common carrier or innkeeper. Common carrier transports people or goods (airline, Amtrak). Innkeeper is a hotel or B&B. à these businesses have an historic duty to be courteous to their patrons.
- P is a member of a fragile class of persons. (3 examples)
- Young children – when outrageousness is targeted on a young person.
- The elderly – when outrageousness is targeted on a decrepit elderly person.
- Pregnant women – D would have to know P is pregnant.
- Extreme sensitivity is never the standard, UNLESS D knows of extreme sensitivity. Deliberately targeting someone’s emotional weak spot is outrageous. You know about it and you deliberately target it.
- Severe distress – doesn’t have to take any particular form. Once in a while, the examiners will negate this element in the fact pattern. “P was mildly annoyed by this prank, and wanted to teach D a lesson by suing him.” Being mildly annoyed, or slightly upset are opposites of being severe distressed.