Which of the following is NOT an essential element in a claim for negligent infliction of emotional distress? a. The defendant owed the plaintiff a duty to use due careb. The defendant's conduct was the proximate cause of the plaintiff's emotional distressc. The conduct involved malice per se. d. The defendant negligently breached the duty to use due care

Question

Melvin Perry

Social Studies

8 August, 18:11

Which of the following is NOT an essential element in a claim for negligent infliction of emotional distress? a. The defendant owed the plaintiff a duty to use due careb. The defendant's conduct was the proximate cause of the plaintiff's emotional distressc. The conduct involved malice per se. d. The defendant negligently breached the duty to use due care

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Answers (1)

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Marely · Answer 1

b. The defendant's conduct was the proximate cause of the plaintiff's emotional distress

Explanation:

The act must be intentional, offensive and it could not possibly be considered as a mistake or joke which led to emotional distress in the plaintiff. That is, the emotional distress experienced by the plaintiff must be linked to the conducts/actions of the defendant,