NFPA Paralegal Core Competency Exam (PCCE)Substantive LawEasy
A paralegal is assisting an attorney representing a plaintiff in a civil lawsuit. The plaintiff has suffered significant emotional distress due to the defendant's actions, but no physical injury. Which tort claim is most likely to be pursued?
- ATrespass to Chattels
- BAssault
- CBattery
- DIntentional Infliction of Emotional Distress
Show answer & explanationAnswer & explanation
Correct answer: D. Intentional Infliction of Emotional Distress
Intentional Infliction of Emotional Distress (IIED) is specifically designed for situations where a defendant's extreme and outrageous conduct causes severe emotional suffering without necessarily involving physical harm. The other options require physical contact or interference with property.
Why the other options are wrong
- A. Trespass to Chattels involves interference with the personal property of another, not emotional distress.
- B. Assault requires an apprehension of imminent harmful or offensive contact, not just emotional distress.
- C. Battery requires harmful or offensive physical contact.
Intentional Infliction of Emotional Distress (IIED)
A tort that allows an injured party to recover damages for severe emotional suffering caused by another's extreme and outrageous conduct.
- Requires extreme and outrageous conduct by the defendant.
- Defendant must intend to cause, or recklessly disregard the probability of causing, severe emotional distress.
- Plaintiff must suffer severe emotional distress.
- No physical injury is required for recovery.
Memory trick: Think 'E' for emotional, 'E' for extreme.