Bar Exam — MBE (Multistate Bar Exam)TortsMedium
A disgruntled former employee, intending to cause distress, sent an anonymous email to his former employer, falsely alleging that the employer's CEO was involved in illegal insider trading. The email was widely circulated within the company and eventually leaked to the press, causing significant damage to the CEO's reputation and the company's stock price. The CEO suffered severe emotional distress as a result. Which of the following intentional torts is the most appropriate claim for the CEO against the former employee?
- AIntentional Infliction of Emotional Distress (IIED), due to the extreme and outrageous conduct.
- BTrespass to chattels, for interfering with the company's email system.
- CDefamation, based on the false and damaging statements.
- DFalse light, as the email portrayed the CEO in a false and offensive light.
Show answer & explanationAnswer & explanation
Correct answer: A. Intentional Infliction of Emotional Distress (IIED), due to the extreme and outrageous conduct.
The former employee's conduct (spreading false, damaging allegations anonymously to cause distress) is likely to be considered extreme and outrageous. The CEO suffered severe emotional distress, and the employee intended to cause such distress. While defamation and false light are also possible, IIED directly addresses the emotional harm caused by the outrageous conduct.
Why the other options are wrong
- B. Trespass to chattels involves interference with personal property, which is not the primary harm suffered by the CEO here.
- C. Defamation (libel) is certainly a strong claim, but IIED specifically addresses the severe emotional distress caused by the outrageous nature of the conduct, which is a central element here. The 'most appropriate' choice depends on which aspect of the harm is prioritized.
- D. False light is a privacy tort where a person is portrayed in a false and offensive way. While applicable, IIED focuses on the *outrageousness* of the conduct and the *severity* of the emotional distress, which aligns strongly with the facts presented.
Intentional Infliction of Emotional Distress (IIED)
A tort that occurs when an individual acts intentionally or recklessly to cause severe emotional distress to another through extreme and outrageous conduct.
- Extreme and outrageous conduct.
- Intent or recklessness to cause severe emotional distress.
- Causation between conduct and distress.
- Severe emotional distress suffered by the plaintiff.
Memory trick: Assault, Battery, False Imprisonment, IIED: Personal Attacks.