Lesson 3 - Lecture notes 3 PDF

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Lesson 3- Prof Ochani ...

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Kimberly Lee Torts Lesson 3 September 21st 2017 I.I.E.D It protects a person right TO BE FREE from emotional distress Elements that you must prove 1. Outrageousness:  Something is outrageous if it is so extreme in degree as to go beyond all possible bounds of decency to be regarded as atrocious and utterly intolerable in a civilized community.  Utterly (completely) intolerable: nothing in the world that would make me tolerates this.  Beyond all possible bounds of decency: This is really bad we can think of worse but we are at a really bad place.  Example: two boys bringing the body in a casket for a viewing and then flinging the casket up to have the body come out right in front of the family.  If the defendant has knowledge that the person suing has a peculiar sensibility more subject to serious emotional distress and they still act in this conduct it makes it a little bit easier to prove this difficult element of outrageousness. 2. Defendant’s intention of causing, OR reckless disregard of the probability of causing emotional injuries.  ALL OF THE ACTIONS THAT THEY TOOK WERE TO INTEND EMOTIONAL INJURIES.  Reckless disregard: they did not have much of a concern for their actions. They don’t care. “A conscious disregard” conscious: you knowingly did not care. 3. Plaintiff suffered server or extreme distress.  You have to prove life changing not something that was a temporary change. Long term, life-changing distress. 4. Proximate cause  Was the Yankees conduct the reason why? Or was it because she is really sensitive? Or because she has already been through 3 prior break ups.  Sub rule: the conduct you are rely on can not be a mire threat, mire annoyance, mire insult...