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8 August, 09:01

What are the elements of intentional infliction of emotional distress

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  1. 8 August, 09:23
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    Answer: The intentional infliction of emotional distress has four elements

    (1) The defendant must act intentionally or recklessly.

    (2) The defendant's conduct must be extreme and outrageous:

    (3) The defendants act is the cause of the distress

    (4) Plaintiff suffers severe emotional distress as a result of defendant's conduct.

    Explanation:

    Intentional or reckless act: It is not necessary that an act be intentionally offensive. A reckless disregard for the likelihood of causing emotional distress is sufficient.

    Extreme and outrageous conduct:

    The conduct must be horrible and beyond the standards of civilized decency or utterly intolerable in a civilized society. Whether the conduct is illegal does not determine whether it meets this standard.

    Cause of the distress: The actions of the defendant must have actually caused the plaintiff's emotional distress beyond the bounds of decency.

    Plaintiff suffers severe emotional distress as a result of defendant's conduct: This standard is quantified by the intensity, duration, and any physical manifestations of the distress.
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