Intentional Infliction of Emotional Distress - Law of Torts - Notes

Intentional Infliction of Emotional Distress - It has three elements:

• Extreme and outrageous conduct,
             Defendant must act intentionally or recklessly to cause the severe emotional distress, and
• Reckless—Defendant must be aware and consciously disregard a substantial risk
             Risk—gross deviation from standard of care
             Doesn’t have to be aimed at specific person
• Intentional—intent is not transferable has to harm the person aimed at
             Must cause such distress
             Don’t need professional evidence but do have to prove

Wilkinson v. Downton [2 Q.B. 57 (1897)] - Defendant played a practical  joke on plaintiff by telling her that her husband had been seriously injured in an accident and was lying in a ditch with broken bones. The plaintiff on hearing this suffered a violent shock to her nervous system resulting in weeks of suffering and incapacity.  The court held that a party may seek recovery for outrageous conduct that causes physical harm or mental distress.