Deck 7: Infliction of Emotional Distress

Question 1

Most courts allow NIED claims if the emotional distress was foreseeable to the defendant because the plaintiff was in the zone of danger, and the plaintiff suffered substantial physical symptoms as a result of the distress.

Answer 1

True

Question 2

Intentional torts can cause a great deal of harm. Why isn't every intentional tort also an intentional infliction of emotional distress?

Answer 2

because not every traditional intentional tort involves extreme and outrageous conduct or severe emotional distress, both of which are required for the tort of intentional infliction of emotional distress

Question 3

Every criminal assault is also an intentional infliction of emotional distress.

Answer 3

False

Question 4

President Clinton did not commit intentional infliction of emotional distress (outrage) against Paula Corbin Jones

A) because he did not intend to inflict severe emotional distress
B) because what he did was not sufficiently extreme and outrageous

Question 5

The same conduct can constitute a traditional intentional tort such as battery, as well as the tort of intentional infliction of emotional distress.

Question 9

Creating a very great risk that something will occur constitutes ________.

Question 10

Pain and suffering is physical discomfort or emotional distress that results from being the victim of a tort.

Question 11

Tom points a loaded gun at a ten-year-old child. The child runs away laughing.

A) Tom has committed intentional infliction of emotional distress because his conduct toward the child was obviously outrageous.
B) Tom has not committed intentional infliction of emotional distress because the facts suggest that the child did not suffer extreme emotional distress.

Question 12

When can a public official or public figure successfully sue a media defendant for intentional infliction of emotional distress?

Question 13

A plaintiff charging a media defendant with intentional infliction of emotional distress must show that the defendant published a false statement of fact with ________.

Question 14

You are liable for every emotional distress that you cause.

Question 18

Under what circumstances will most states grant a plaintiff (bystander) recovery for negligent infliction of emotional distress when the plaintiff witnesses someone else's injury?