Search Results for: emotional distress

intentional infliction of emotional distress

intentional infliction of emotional distress. The tort of intentionally or recklessly causing another person severe emotional distress through one’s extreme or outrageous acts. • In a few jurisdictions, a physical manifestation of the mental suffering is required for the plaintiff to recover. — Also termed (in some states) outrage. See EMOTIONAL DISTRESS. Cf. NEGLIGENT INFLICTION

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emotional distress

A highly unpleasant mental reaction (such as anguish, grief, fright, humiliation, or fury) that results from another person’s conduct; emotional pain and suffering. • Emotional distress, when severe enough, can form a basis for the recovery of tort damages. — Also termed emotional harm; mental anguish; mental distress; mental suffering. See INTENTIONAL INFLICTION OF EMOTIONAL

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emotional distress

emotional distress. A highly unpleasant mental reaction (such as anguish, grief, fright, humiliation, or fury) that results from another person’s conduct; emotional pain and suffering. • Emotional distress, when severe enough, can form a basis for the recovery of tort damages. — Also termed emotional harm; mental anguish; mental distress; mental suffering. See INTENTIONAL INFLICTION

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negligent infliction of emotional distress

negligent infliction of emotional distress. The tort of causing another severe emotional distress through one’s negligent conduct. • Most courts will allow a plaintiff to recover damages for emotional distress if the defendant’s conduct results in physical contact with the plaintiff or, when no contact occurs, if the plaintiff is in the zone of danger.

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marital tort

A tort by one spouse against the other. • Since most jurisdictions have abolished interspousal tort immunity, courts have had to decide which tort claims to recognize between married persons. Among those that some, but not all, courts have chosen to recognize are assault and battery, including claims for infliction of sexually transmitted disease, and

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mental cruelty

As a ground for divorce, one spouse’s course of conduct (not involving actual violence) that creates such anguish that it endangers the life, physical health, or mental health of the other spouse. See EMOTIONAL DISTRESS. [Cases: Divorce 27. C.J.S. Divorce § 22.]

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zone-of-danger rule. Torts. The doctrine allowing the recovery of damages for negligent infliction of emotional distress if the plaintiff was both located in the dangerous area created by the defendant’s negligence and frightened by the risk of harm. [Cases: Damages 49.10. C.J.S. Damages § 95; Torts §§ 67, 76–79, 82–83.]

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zone of danger rule

Torts. The doctrine allowing the recovery of damages for negligent infliction of emotional distress if the plaintiff was both located in the dangerous area created by the defendant’s negligence and frightened by the risk of harm. [Cases: Damages 49.10. C.J.S. Damages § 95; Torts §§ 67, 76–79, 82–83.]

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