Analysis of the Essential Elements of Intentional Infliction of Emotional Distress in North Carolina Law

Category: Common Law, Justice
Last Updated: 02 Apr 2023
Pages: 2 Views: 226

George sued Jerry under a theory of intentional infliction of emotional distress, alleging various grievances. Jerry has moved to dismiss the complaint on the grounds that even if everything George alleges in the complaint is true, George has failed to allege an adequate basis for liability under a theory of intentional infliction of emotional distress. The issue at hand is should the court deny the motion to dismiss.

The essential elements of an action for intentional infliction of emotional distress in North Carolina are 1) extreme and outrageous conduct by the defendant 2) which is intended to and does in fact cause 3) severe emotional distress. Extreme and outrageous conduct is conduct which exceeds all bounds usually tolerated by decent society. In Stanback v. Stanback, 297 N. C. 181, 204 (N. C. 1979), the courts ruled: “Although we find error in the grounds on which the Court of Appeals affirmed the dismissal of plaintiff's Count Number II, we nevertheless affirm the dismissal on other grounds.

The requirement that plaintiff in a malicious prosecution action based on a prior civil proceeding show some special damage resulting therefrom, as discussed supra, is an essential, substantive element of the claim. ” In Hogan v. Forsyth Country Club Co. , 317 N. C. 334, 346 S. E. 2d 141 (1986), the court decided: “We hold Pfeiffer's conduct, as shown by Hogan's forecast of evidence, was not such as to be reasonably regarded as "extreme and outrageous" so as to permit Hogan to recover for intentional infliction of mental distress. The facts in this case are similar to Hogan. The courts ruled that the facts in Hogan did not meet the standards for intentional infliction of emotional distress set in Stanback, and decided for the defendant. Both decisions state clearly that there must be some sort of special damage and that the damage must be “extreme and outrageous. ” It is my opinion that the courts approve Jerry’s motion to dismiss as the facts in this case do not meet the North Carolina standard for the infliction of emotional distress.

Order custom essay Analysis of the Essential Elements of Intentional Infliction of Emotional Distress in North Carolina Law with free plagiarism report

feat icon 450+ experts on 30 subjects feat icon Starting from 3 hours delivery
Get Essay Help

Cite this Page

Analysis of the Essential Elements of Intentional Infliction of Emotional Distress in North Carolina Law. (2017, Apr 17). Retrieved from https://phdessay.com/torts-memo/

Don't let plagiarism ruin your grade

Run a free check or have your essay done for you

plagiarism ruin image

We use cookies to give you the best experience possible. By continuing we’ll assume you’re on board with our cookie policy

Save time and let our verified experts help you.

Hire writer