Intentional torts - Infliction of mental distress

Learning Outcomes

After reading this article, you will be able to identify and explain the elements of intentional infliction of mental distress (IIED), distinguish IIED from related torts, recognize the requirements for liability, and apply these principles to MBE-style scenarios. You will also understand the key terms, common exam pitfalls, and the standard for damages in IIED claims.

MBE Syllabus

For MBE, you are required to understand the law governing intentional infliction of mental distress, including its elements, limitations, and how it is tested. Focus your revision on:

  • Recognizing the elements of IIED: extreme and outrageous conduct, intent or recklessness, causation, and severe emotional distress.
  • Distinguishing IIED from assault, battery, and negligent infliction of emotional distress.
  • Understanding the role of special relationships and known sensitivities.
  • Identifying who may recover for IIED, including bystanders.
  • Knowing the requirements for damages and the standard for liability.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following is NOT an element of intentional infliction of mental distress?
    1. Extreme and outrageous conduct
    2. Intent or recklessness
    3. Physical injury
    4. Severe emotional distress
  2. A defendant insults a customer in a shop, causing the customer mild annoyance. Is the defendant liable for IIED?
    1. Yes, because the conduct was intentional
    2. Yes, because the customer was upset
    3. No, because the conduct was not extreme or outrageous
    4. No, unless the customer suffered physical harm
  3. Which of the following best describes the required mental state for IIED?
    1. Negligence
    2. Intent or reckless disregard
    3. Strict liability
    4. Malice only
  4. Can a bystander recover for IIED if they witness a close relative being intentionally harmed?
    1. No, never
    2. Yes, if present and the defendant knows of their presence
    3. Yes, if they later learn of the event
    4. Only if they suffer physical injury

Introduction

Intentional infliction of mental distress (IIED) is a separate tort from assault or battery. It protects individuals from severe emotional harm caused by another’s extreme and outrageous conduct. IIED is tested regularly on the MBE, often in scenarios where physical contact is absent but the defendant’s conduct is egregious.

Key Term: Intentional Infliction of Mental Distress (IIED) A tort imposing liability for extreme and outrageous conduct intentionally or recklessly causing severe emotional distress to another.

Elements of IIED

To establish IIED, the plaintiff must prove:

  1. Extreme and Outrageous Conduct: The defendant’s behavior must exceed all bounds tolerated by society. Mere insults or rudeness are not enough.
  2. Intent or Recklessness: The defendant must act with the purpose of causing distress, or with reckless disregard for the likelihood of causing it.
  3. Causation: The conduct must actually cause the plaintiff’s severe emotional distress.
  4. Severe Emotional Distress: The distress suffered must be serious; trivial upset is not sufficient.

Key Term: Extreme and Outrageous Conduct Conduct so egregious that a reasonable person would consider it intolerable in a civilized community.

Key Term: Severe Emotional Distress Emotional suffering that is substantial and not minor or fleeting; distress that no reasonable person should be expected to endure.

Special Relationships and Known Sensitivities

Conduct that might not be outrageous in ordinary circumstances can become so if the defendant abuses a position of authority or targets someone known to be especially vulnerable (e.g., children, elderly, pregnant women).

Bystander Claims

A bystander may recover for IIED if:

  • The bystander is present at the time of the conduct,
  • Is a close relative of the direct victim,
  • The defendant knows of the bystander’s presence,
  • The bystander suffers severe emotional distress.

Key Term: Bystander IIED A claim for IIED by a person who witnesses extreme and outrageous conduct directed at a close relative, while present and known to the defendant.

Damages

Actual damages are required. The plaintiff must show severe emotional distress. Physical injury is not required, but the distress must be more than trivial.

Limitations

  • Mere insults, threats, or annoyances are not enough.
  • Liability is less likely if the plaintiff is unusually sensitive, unless the defendant knows of this sensitivity.
  • Public figures and officials must show actual malice if the conduct is speech on a matter of public concern.

Worked Example 1.1

A supervisor repeatedly humiliates an employee in front of colleagues, calling them worthless and threatening to ruin their career. The employee develops severe anxiety and cannot work.

Answer: The supervisor’s conduct is extreme and outrageous, intended to cause distress, and results in severe emotional harm. The elements of IIED are satisfied.

Worked Example 1.2

A prankster calls a parent, falsely claiming their child has died in an accident. The parent suffers shock and lasting emotional trauma.

Answer: The prankster’s conduct is extreme and outrageous, intended to cause severe distress, and causes actual severe emotional harm. IIED liability is likely.

Exam Warning

The MBE may present facts involving mere insults or rudeness. Remember: liability for IIED requires conduct that is extreme and outrageous, not just offensive or mean.

Revision Tip

When analyzing IIED, always check for all four elements. If any are missing—especially extreme conduct or severe distress—there is no liability.

Summary

IIED is a distinct intentional tort requiring extreme and outrageous conduct, intent or recklessness, causation, and severe emotional distress. The conduct must be more than rude or insulting, and damages require proof of serious emotional harm.

Key Point Checklist

This article has covered the following key knowledge points:

  • IIED requires extreme and outrageous conduct, intent or recklessness, causation, and severe emotional distress.
  • Mere insults or annoyances are not enough for liability.
  • Special relationships and known sensitivities can make conduct outrageous.
  • Bystanders may recover if present, closely related, and the defendant knows of their presence.
  • Actual damages (severe emotional distress) are required; physical injury is not.
  • Public figures must show actual malice for IIED based on speech on matters of public concern.

Key Terms and Concepts

  • Intentional Infliction of Mental Distress (IIED)
  • Extreme and Outrageous Conduct
  • Severe Emotional Distress
  • Bystander IIED
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