Emotional Distress
- Submitted by: msmotivated
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- Category: Other
- Date Submitted: 07/27/2012 02:54 PM
- Pages: 2
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1. An English professor puts a comment on a student’s composition which says, “Can’t you write at all? You are writing at a third grade level and will never be able to graduate from this university!” The student is extremely upset and sues the professor for intentional infliction of emotional distress. Please state the issue, rule, application, and conclusion.
Issue: Can the student sue the professor for intentional infliction of emotional distress based on the comments the professor placed on her paper?
Rule: Intentional infliction of emotional distress-A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress. Also known as the tort of outrage (Cheeseman 2010, p. 80). Examples include: Shame, humiliation, embarrassment, anger, fear, and worry constitute severe mental distress.
The mental distress suffered by the plaintiff must be severe. Many states require that
this mental distress be manifested by some form of physical injury, discomfort, or illness,
such as nausea, ulcers, headaches, or miscarriage. This requirement is intended to prevent
false claims. Some states have abandoned this requirement (Cheeseman 2010, p. 80).
Application: The scenario does not show in what form of physical aspects was the result of the emotional distress caused by the professors harsh words. In addition, many states have abandoned the requirement for infliction of emotional distress.
Conclusion: The student would have to prove physical injury and the scenario states none. The case would not be viable in court for the student. The conduct of the professor was uncalled for. The professor might be suspended or even fired from the university based on professional conduct.
Issue: Can the student sue the professor for intentional infliction of emotional distress based on the comments the professor placed on her paper?
Rule: Intentional infliction of emotional distress-A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress. Also known as the tort of outrage (Cheeseman 2010, p. 80). Examples include: Shame, humiliation, embarrassment, anger, fear, and worry constitute severe mental distress.
The mental distress suffered by the plaintiff must be severe. Many states require that
this mental distress be manifested by some form of physical injury, discomfort, or illness,
such as nausea, ulcers, headaches, or miscarriage. This requirement is intended to prevent
false claims. Some states have abandoned this requirement (Cheeseman 2010, p. 80).
Application: The scenario does not show in what form of physical aspects was the result of the emotional distress caused by the professors harsh words. In addition, many states have abandoned the requirement for infliction of emotional distress.
Conclusion: The student would have to prove physical injury and the scenario states none. The case would not be viable in court for the student. The conduct of the professor was uncalled for. The professor might be suspended or even fired from the university based on professional conduct.