Saturday, August 24, 2019
Memorandum. The intentional infliction of emotional distress case Assignment
Memorandum. The intentional infliction of emotional distress case study - Assignment Example The relevant law to be used in this case is the intentional infliction of emotional distress. In this case, it will be determined whether Mr. Crane should be charged for intentional infliction of emotional distress on Ms. Jeffers. The case has not been filed but it is probable that Ms. Jeffers will sue Mr. Crane for intentional infliction of emotional distress, particularly, his conduct was extreme and outrageous. The law states for the conduct to be extreme and outrageous, the distress must be able to affect the functionality of the plaintiffÃ¢â¬â¢s professional or personal life. Several cases have used the law and different interpretations have been given on the outcome of the cases. Mr. CraneÃ¢â¬â¢s conduct is probably not extreme and outrageous. This is because the law states that for a conduct to be regarded as extreme and outrageous, the distress is supposed to have a significant impact on the plaintiffÃ¢â¬â¢s professional and personal life. Mr. Crane acted out of goodwill and Ms. Jeffers interfered with the conversation between him and Christy. According to the cases discussed, it is evident that prove must be given to indicate that the defendantÃ¢â¬â¢s conduct was extreme and outrageous. The law states that for the defendantÃ¢â¬â¢s conduct to be regarded extreme and outrageous, it must be outrageous in character and extreme such that it is beyond the degree of decency. The extreme and outrageous behavior may arise from abuse of the individual or from the significant authority given to defendant (or the power he or she possesses) over the other such that he can influence his or her interests. ... Application Mr. CraneÃ¢â¬â¢s remarks are not enough to prove that he caused emotional distress on Ms. Jeffers. Based on the second case, it can be argued that Mr. Crane was doing his duty as a Ã¢â¬Å"gymnastics coachÃ¢â¬ and he knew the strengths and weaknesses of each student. Thus, in his opinion based on the performance of the student, he could give a conclusive statement about the student. Just like Mattix-Hill, conflicts of duties and interests emerged. Though Mr. Crane talked in a harsh tone, this cannot be enough to consider his conduct as extreme and outrageous. In the first case, it is clearly stated that indignities, annoyances, mere insults, petty oppressions, or even threats do not amount to be considered as extreme and outrageous conduct. Ms. Jeffers has not yet claimed that she has suffered emotional distress from the remarks made by Mr. Crane. However, if she claims, it will be important that she prove that the coach caused emotional distress as seen in all the four cases. Th e fact that Mr. Crane talked in an inhumane manner, his conduct can still be regarded as extreme and outrageous if Ms. Jeffers gives sufficient evidence. Thus, Ms. Jeffers can win the claim for intentional infliction of emotional distress. However, Mr. CraneÃ¢â¬â¢s conduct is probably not extreme and outrageous.
Posted by Florene Jerome at 12:11 PM