Intentional Infliction of Emotional Distress
What are the 3 elements of IIED?
1) EOC
2) IOR
3) SEH - DTA
1) Extreme and Outrageous Conduct
2) Intentionally or Recklessly
3) Severe emotional harm/ distress to another
What is the sub-rule for severe emotional harm/ distress to another under IIED?
SS - NRM - BEE - I
So severe no reasonable man could be expected to endure it
What is the sub-rule for product under products liability?
A product is tangible personal property
What is the sub-rule for defamatory?
A communication is defamatory if it tends to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him
What is the sub-rule for commercial seller?
Someone involved in the commercial distribution or sale of a product
What are two extra elements for immediate family members for bystander liability?
1) PI - FM
2) PAT - AWI
1) Person is immediate family member
2) Who is present at the time and witnesses it
What's the sub-rule for zone of danger under NIED?
DODC- ACED - PW - APD - NA
Def's owe a duty of care to avoid causing emotional distress to plaintiffs within the immediate area of physical danger from the negligent act
What are the 4 elements of NIED?
1) D
2) B
3) C
4) D
1) Duty
2) Breach
3) Causation
4) Damages
What are the 5 elements of defamation?
1) D
2) OC
3) F
4) ALF
5) D
1) Defamatory
2) Of and concerning
3) Falsity
4) Appropriate level of fault
5) Damages
What are the elements of a products liability claim?
1) PSI
2) ASP
3) ACS - SP
4) ATS- BA - DC
5) DFA - AP - CPI
1) P suffers an injury
2) A sold a product
3) A is the commercial seller of such products
4) At the time it was sold by A, it was in defective condition
5) The defect functioned as an actual and proximate cause of PL's injury
What is one extra element for non-family members for bystander liability?
1) SEH - RBH
1) Severe emotional harm results in bodily harm
What is the special relationship sub-rule under NIED?
A special relationship or undertaking exists when (1) the other person explicitly or implicitly undertakes an obligation that implicates another's emotional well-being AND (2) it's especially likely that careless performance will cause serious emotional harm
What 3 issues do you look at under Duty?
1) ZD
2) SR
3) BO- ZD
1) Zone of Danger
2) Special Relationship
3) Bystanders outside of the zone of danger
What is the sub-rule for falsity?
Opinion is not protected if a reasonable fact finder would say the statements reasonably imply a factual assertion or altered quotations are not false unless they materially differ from what the speaker said
What are the 3 types of defective condition?
1) MD
2) DD
3) FTW
1) Manufacturing Defect
2) Design Defect
3) Failure to warn
What is the sub-rule for intentionally or recklessly?
FH - VO - VS -RSI
Failure to heed a very obvious and very significant risk of serious injury
What is the sub-rue for bystanders outside of the zone of danger under NIED?
Def owes a duty to the PL outside of the zone of danger if: (1) PL is closely related to injury victim; (2) is present at the time it occurs and aware that it is causing injury; (3) suffers emotional distress beyond that which would be anticipated in a disinterested witness
What's the sub-rule for breach?
FB - LC- SOP - HE - USC
Failure to behave w/ the level of care that someone of ordinary prudence would have exercised under the same circumstances
Under appropriate level of fault, what is actual malice and negligence?
1) DKS - FAW - RD
2) FEOC
1) Def knows the statement is false or acts with reckless disregard
2) Failure to exercise ordinary care
What is the sub-rule for injury?
Physical harm to their persons or property
What is the sub-rule for extreme and outrageous conduct?
CE- BD - RAI -CC
Conduct that exceeds the bounds of decency and is regarded as intolerable in a civilized community
What are the magic words for IRAC?
Issue > The
Rule > Per
Analysis > Here [However, Given]
Conclusion > Therefore
What is the sub-rule for damages?
SED - MB - SS - NRM -EDU
Severe emotional distress must be so severe no reasonable man could be expected to endure it.
Under damages what is libel and slander?
1) PNNP - SD
2) PMEP - SPS- O - SPQ
1) PL need not prove "special damages"
2) PL must either prove slander per se or slander per quod
Describe the 3 types of defects
1) PP - DFMS
2) AELP
3) DOL
1) A particular product that diverges from manufacturer's specification
2) Apply to the entire line of products
3) The defect is an omission of language