Extreme and Outrageous

Extreme and Outrageous

The Law: What is “extreme and outrageous” conduct?  For purposes of punitive damages and establishing the basic elements of intentional infliction of emotional harm, conduct is extreme and outrageous if it goes beyond the bounds of decency. It must be more than mere insults, indignities, or threats.

Courts will look at all the facts of the case and make a determination on a case by case basis taking into consideration the frequency and duration of the defendant’s conduct, and particularly whether a pattern of conduct exists.

In addition, if the defendant has abused a special position or relationship,  courts are more likely to find his conduct to be outrageous.

Finally, if a  plaintiff has a mental or physical condition that makes her particularly susceptible to emotional distress, courts will take the defendant’s knowledge of that  condition into consideration.

 

 

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