Paralegal Certification PrepLegal Terminology and ConceptsEasy
A paralegal is summarizing a legal brief for an attorney. The brief discusses a situation where an individual suffered emotional distress due to another's extreme and outrageous conduct, even though no physical harm occurred. The attorney noted that this particular tort requires proof of intentional or reckless conduct. Which specific tort is being discussed?
- AAssault
- BBattery
- CNegligence
- DIntentional Infliction of Emotional Distress (IIED)
Show answer & explanationAnswer & explanation
Correct answer: D. Intentional Infliction of Emotional Distress (IIED)
Intentional Infliction of Emotional Distress (IIED) is a tort that specifically addresses severe emotional harm caused by extreme and outrageous conduct, requiring intent or recklessness, even without physical injury.
Why the other options are wrong
- A. Assault involves the threat of immediate harmful or offensive contact, not purely emotional distress without physical contact.
- B. Battery involves actual harmful or offensive physical contact, which is absent in this scenario.
- C. Negligence involves a breach of duty causing harm, but typically doesn't require 'extreme and outrageous' conduct or 'intentional/reckless' intent in the same way as IIED for emotional distress.
Intentional Infliction of Emotional Distress (IIED)
A tort that occurs when one's extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another.
- Requires extreme and outrageous conduct
- Requires intent or recklessness
- Causes severe emotional distress (physical harm not required)
Memory trick: Intentional Torts Intend to Hurt: IIED is 'Extreme Emotion Distress'.