In the following year, the Queen's Bench formally recognised the tort, for the first time, in the case of Wilkinson v Downton EWHC 1 (QB), 2 QB 57, although it was referred to as "intentional infliction of mental shock". In England, the idea that physical/mental shock without impact from an external source should be a bar to recovery was first questioned at the Queen's Bench in Pugh v. Ī change first occurred in the Irish courts which repudiated the English railroad decision and recognised liability for "nervous shock" in the Byrne (1884) and Bell (1890) cases. Though where a material damage occurs, and is connected with it, it is impossible a jury, in estimating it, should altogether overlook the feelings of the party interested." Courts had been reluctant to accept a tort for emotional harm for fear of opening a "wide door" to frivolous claims.
"Mental pain or anxiety, the law cannot value, and does not pretend to redress, when the unlawful act causes that alone. Even with intentional conduct, absent material damage, claims for emotional harm were similarly barred. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred from compensation under the common law form.Īccording to the first doctrine articulated by common law courts, a plaintiff could not recover for physical injury from fright alone absent a physical impact from an external source ("shock without impact"), even if the fright was proven to have resulted from a defendant's negligence, with the case on point referring to the negligent operation of a railroad. A common case would be a future threat of harm that would not constitute common law assault but would nevertheless cause emotional harm to the recipient. The common law tort of assault did not allow for liability when a threat of battery was not imminent. IIED was created in tort law to address a problem that would arise when applying the common law form of assault. Some courts and commentators have substituted mental for emotional, but the tort is the same. Intentional infliction of emotional distress ( IIED sometimes called the tort of outrage) is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an "extreme and outrageous" way. Delict (term used for torts in some civil and mixed legal systems).Negligent infliction of emotional distress.Intentional infliction of emotional distress.
#Mental duress series
Tort in common law Part of the common law series
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