Paralegal Certification PrepLitigationMedium
A paralegal is assisting an attorney with a civil lawsuit where the plaintiff alleges that the defendant intentionally caused them severe emotional distress through a prolonged campaign of harassment. The attorney is explaining the elements that must be proven for this claim. Which of the following is NOT an element of Intentional Infliction of Emotional Distress (IIED)?
- APlaintiff suffered severe emotional distress.
- BDefendant's conduct was extreme and outrageous.
- CDefendant acted intentionally or recklessly.
- DDefendant's conduct caused the plaintiff physical harm.
Show answer & explanationAnswer & explanation
Correct answer: D. Defendant's conduct caused the plaintiff physical harm.
While physical harm can sometimes accompany severe emotional distress, it is not a required element for Intentional Infliction of Emotional Distress (IIED). The focus is on the extreme and outrageous conduct causing severe emotional distress, regardless of whether physical symptoms manifest.
Why the other options are wrong
- A. Severe emotional distress is a core element of IIED.
- B. Extreme and outrageous conduct is a core element of IIED.
- C. Intentional or reckless conduct is a core element of IIED.
Intentional Infliction of Emotional Distress (IIED)
A tort that occurs when one's extreme and outrageous conduct intentionally or recklessly causes another to suffer severe emotional distress.
- Defendant acted intentionally or recklessly.
- Defendant's conduct was extreme and outrageous.
- Causation: Defendant's conduct caused the distress.
- Plaintiff suffered severe emotional distress.
- Physical harm is NOT a required element.
Memory trick: IIED: Intentionally, Outrageously, Causing Severe Distress.