Law of Torts - A Detailed Overview (Distress)

intentional infliction of emotional distress (IIED)

The tort of intentional infliction of emotional distress (IIED) is a legal cause of action that occurs when one acts abominably or outrageously with intent to cause another to suffer severe emotional distress, such as issuing the threat of future harm.

To make a prima facie case for an IIED, courts look at four key factors: 

1. whether the defendant acted;
2. whether their conduct was outrageous;
3. if they did so with the purpose of causing severe emotional distress; and
4. if their conduct caused that distress.

There are certain limits imposed on IIED liability due to First Amendment rights and contexts in which actions may be deemed normal or appropriate can negate a claim.

Jurisdictional variety also plays into how claims are handled, as some jurisdictions will expand IIED liability.

However, modern trends are moving away from assigning IIED tort liability due to the danger of punishing defendants for their views on matters of public concern.

negligent infliction of emotional distress (NIED)

The tort of negligent infliction of emotional distress (NIED) occurs when one fails to act with the level of care that someone of ordinary prudence would have exercised under the same circumstances, and this failure leads to another person suffering severe emotional distress.

To make a prima facie case for an NIED, courts look at four key factors:

1. The defendant had a duty to act;
2. The defendant breached this duty;
3. This breach caused an injury; and
4. That injury was foreseeable by the defendant.

Determining A Breach Of Duty To Act When determining whether the defendant has breached their duty, courts will usually use the Hand Formula (created by then the defendant's actions will be classified as misfeasance).

There are several ways to determine whether a defendant had a duty to act (note: this is NOT an exhaustive list):

• The defendant engaged in the creation of the risk which resulted in the plaintiff's harm;
• Voluntary undertaking: The defendant volunteered to protect the plaintiff from harm;
• Knowledge: The defendant knows/should know that his conduct will harm the plaintiff; and Business/voluntary
• Relationships: ex: business owner and customer; innkeeper and guest; land possessor who opens her land to the public; person who voluntarily takes custody of another person.