LAW 5151 Lecture Notes - Lecture 2: Dont, Summary Judgment, Rebuttable Presumption
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Probably because our common social life would be complicated by the fear of being sued every time one said something offensive. Restatement 46: extreme and outrageous conduct (utterly intolerable in any civilized society) intentionally or recklessly causes severe emotional distress to another if bodily harm to the other results, liable for bodily harm (harris v. jones) As discussed in the note preceding harris, there"s generally also some requirement of symptoms that underscore the genuineness of the distress, although this may go to. Element #4 on severity: mimic stutter is not extreme and outrageous because no link to conduct, some factors that are present in cases: repetition of conduct, conduct based on personal characteristics, power differences, employment, causes medical consequences. Note: court usually directs verdict, no reasonable person would differ. One absolutely crucial point to emphasize is that you can"t make conclusory arguments: trespass to land, chattels and conversion: hamidi (58)
