Intentional Infliction of Emotional Distress
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether Defendant is liable for Plaintiff’s injuries under a theory of Intentional Infliction of Emotional Distress (IIED).
Analysis
R: A defendant is liable for IIED if their (1) extreme and outrageous conduct, (2a) intentionally or (2b) recklessly (3) causes (4) severe emotional distress to the plaintiff.
1. Extreme & Outrageous Conduct
R: Conduct is extreme and outrageous if (1) it exceeds the bounds of human decency and is intolerable in a civilized society. Further, a defendant’s language or conduct may be considered extreme and outrageous if (2) the defendant holds a position of authority or influence over the plaintiff or (3) the plaintiff belongs to a group with known heightened sensitivity.
A: Here, [apply rule to facts].
C: Therefore, this element [is/is not] satisfied.
2a. Intent
R: A defendant’s act was intentional if (1) done with the purpose of causing, or (2) knowing with substantial certainty that, severe emotional distress would result. Conduct is substantially certain to bring about such harm if it targets (a) a particular victim or (b) someone within a small class of potential victims in a localized area.
Transferred Intent
R: Intent can be transferred when (1) the conduct is aimed at a third person but (2) results in harm to a plaintiff who is a close relative and (3) present at the time of the conduct.
A: Here, [apply relevant rules to facts].
C: Therefore, this element [is/is not] satisfied.
2b. Reckless
R: A defendant is reckless if (1) they act with a conscious disregard for a substantial risk of harm, and (2) they know, or have reason to know, that severe emotional distress is likely to result from their conduct. A defendant acts with conscious disregard when they are aware of the substantial risk their conduct creates but choose to ignore it.
A: Here, [apply rule to facts].
C: Therefore, this element [is/is not] satisfied.
3. Causation
R: Causation requires both factual causation and proximate causation.
a. Factual Cause
R: A defendant’s conduct is the factual cause of harm when the harm would not have occurred “but for” the conduct.
A: Here, [apply rule to facts].
C: Therefore, this element [is/is not] satisfied.
b. Proximate Cause
R: A defendant who intentionally or recklessly caused harm is liable for the harm if their conduct increased the risk of the harm occurring. (Thus, intentional or reckless conduct is liable for a broader range of harms than conduct that is only negligent.)
A: Here, [apply rule to facts].
C: Therefore, this element [is/is not] satisfied.
4. Severe Emotional Distress
R: Emotional distress must be severe and beyond what a reasonable person could endure. This is more than trivial discomfort; the distress must be substantial and enduring. In some cases, the outrageous nature of the defendant’s conduct may serve as evidence of the severity of the emotional distress experienced by the plaintiff.
A: Here, [apply rule to facts].
C: Therefore, this element [is/is not] satisfied.
Conclusion
C: Therefore, since all of the elements of IIED [are/are not] satisfied, the court will likely find Defendant [is/is not] liable for Plaintiff ‘s injuries under a theory of IIED.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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