Intentional infliction of emotional distress (IIED) is a frequently tested intentional tort on the bar exam. Questions often focus on whether the defendant’s conduct was sufficiently extreme and whether the emotional distress was severe.
IIED is one of the core intentional torts and should be understood within the broader framework of intentional torts. This tort is commonly tested with borderline fact patterns.
What Is IIED?
IIED occurs when a defendant engages in extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress.
The key issue is whether the conduct rises above ordinary insults or offensive behavior.
IIED Elements
IIED requires:
• Extreme and outrageous conduct
• Intent or recklessness
• Causation
• Severe emotional distress
Each element must be satisfied for liability to attach.
Extreme and Outrageous Conduct
The conduct must exceed all bounds of decency tolerated in a civilized society.
Mere insults, threats, or offensive language are generally not enough.
Courts are more likely to find extreme conduct when:
• The defendant abuses a position of power
• The plaintiff is particularly vulnerable
• There is repeated or ongoing conduct
Example: Repeated harassment of a vulnerable person may qualify as extreme and outrageous.
Intent or Recklessness
The defendant must:
• Intend to cause emotional distress, or
• Act with reckless disregard of the likelihood of causing distress
Recklessness is sufficient, which distinguishes IIED from some other intentional torts.
Severe Emotional Distress
The distress must be substantial and not trivial.
Courts look for distress that significantly affects the plaintiff’s daily life.
Minor annoyance or embarrassment is not enough.
Example: Emotional distress requiring medical attention or significantly disrupting daily functioning is more likely to satisfy this element.
Common Exam Traps
IIED questions often include traps such as:
• Assuming offensive conduct is enough (it is not)
• Failing to analyze whether conduct is truly extreme
• Ignoring the severity requirement
• Overlooking recklessness as sufficient
Careful analysis of each element is critical.
How IIED Is Tested on the Bar Exam
Questions typically require:
• Determining whether conduct is extreme and outrageous
• Evaluating the severity of distress
• Applying intent or recklessness
On essays, walk through each element carefully. On multiple-choice questions, focus on whether the facts rise above ordinary misconduct. Unlike negligence, IIED focuses on intentional or reckless conduct rather than unreasonable behavior.