What are the elements of intentional infliction of emotional distress?

California, United States of America


The following excerpt is from Nagy v. Nagy, 210 Cal.App.3d 1262, 258 Cal.Rptr. 787 (Cal. App. 1989):

The elements of the tort of intentional infliction of emotional distress are: (1) outrageous conduct by the defendant; (2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. (Fletcher v. Western National Life Ins. Co., (1970) 10 Cal.App.3d 376, 394, 89 Cal.Rptr. 78.) It must also appear that the defendant's conduct was unprivileged. (Ibid.)

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