CLEP Business Law

Category - Torts

Which of the following is not an essential element of the tort of intentional infliction of emotional distress?
  1. The plaintiff must have made an effort to avoid the defendant's reckless behavior.
  2. The defendant's conduct must be the cause of emotional distress.
  3. The plaintiff must have suffered severe emotional distress.
  4. The defendant's conduct must be extreme and outrageous.
  5. The defendant must have acted intentionally or recklessly.
Explanation
Answer: A. That the plaintiff must have made an effort to avoid the defendant's reckless behavior is not an essential element of the tort of intentional infliction of emotional distress. To be liable for intentional infliction of emotional distress, a plaintiff must show that the defendant acted intentionally, that the conduct was outrageous, and that he or she suffered emotional distress caused by the defendant's actions. Whether a defendant's conduct is extreme and outrageous will be determined based on a reasonableness standard.
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