1. Defendant acted intentionally or recklessly; and
2. Defendant’s conduct was extreme and outrageous; and
3. Defendant’s act is the cause of the distress; and
4. Plaintiff suffers severe emotional distress as a result of defendant’s conduct.
Some general factors that will persuade that the conduct was extreme and outrageous (1) there was a pattern of conduct, not just an isolated incident; (2) the plaintiff was vulnerable and the defendant knew it; (3) the defendant was in a position of power; (4) racial epithets were used; and (5) the defendant owed the plaintiff a fiduciary duty.”
Intentional infliction of emotional distress (IIED; sometimes called the tort of outrage) is a common lawtort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted the emotional distress by behaving in a way that was “extreme and outrageous”. Some courts and commentators have substituted mental for emotional, but the tort is the same.
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