Intentional infliction of emotional distress
The tort of intentional infliction of emotional distress is committed when one engages in extreme and outrageous conduct that is intended to cause, and does in fact cause, severe mental anguish and distress in a victim. What constitutes "outrageous" conduct is determined by deciding whether a reasonable person of "ordinary sensibilities" would feel extreme distress under the circumstances. If the perpetrator knows, however, that the victim is a highly sensitive person, the standard for determining outrageousness is lowered. In order to recover damages in this type of case, the plaintiff must show physical manifestations of distress or some other non-psychological damage (such as loss of wages).
Example: A man threatens that if you, a garbage collector, do not pay over part of your garbage collection proceeds to he and his henchmen, he will severely beat you. Since the man's conduct is extreme and outrageous, and since he has intended to cause you distress (which he has succeeded in doing), he is liable for infliction of mental distress.
The intent for this tort is a bit broader than for others. There are three possible types of intentions that are actionable: (1) the wrongdoer desires to cause you emotional distress; (2) the wrongdoer knows with substantial certainty that you will suffer emotional distress; or (3) the wrongdoer recklessly disregards the high probability that emotional distress will occur.
The information and materials on this Web site are provided for general informational purposes only and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this Web site is intended to substitute for the advice of an attorney, therefore if you require legal advice please consult with a competent attorney licensed to practice in your jurisdiction. All attorneys, unless otherwise noted in website, are not certified by Texas Board of Legal Specialization. See Terms of Use.