Paralegal Certification PrepLitigationMedium
A paralegal is reviewing a civil complaint where the plaintiff alleges that the defendant's actions caused significant emotional distress, even though there was no direct physical contact. The attorney explains that for the plaintiff to recover, they must demonstrate that the defendant's conduct was extreme and outrageous, and that it intentionally or recklessly caused severe emotional suffering. Which tort is the attorney describing?
- ANegligent Infliction of Emotional Distress (NIED)
- BBattery
- CAssault
- DIntentional Infliction of Emotional Distress (IIED)
Show answer & explanationAnswer & explanation
Correct answer: D. Intentional Infliction of Emotional Distress (IIED)
The description of 'extreme and outrageous conduct' that 'intentionally or recklessly caused severe emotional suffering' without requiring physical contact precisely defines the tort of Intentional Infliction of Emotional Distress (IIED).
Why the other options are wrong
- A. NIED typically requires a physical impact or presence at the scene of an injury to a close relative, and the conduct is negligent, not intentional/reckless.
- B. Battery requires harmful or offensive physical contact.
- C. Assault requires an apprehension of immediate harmful or offensive contact, not just emotional distress.
Intentional Infliction of Emotional Distress (IIED)
A tort where one acts intentionally or recklessly to cause severe emotional distress to another through extreme and outrageous conduct.
- Requires extreme and outrageous conduct
- Intentional or reckless causation
- Severe emotional distress is a key element
Memory trick: BATTER the ASSAULT with IIED, and NIED is less severe.