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Where’S The Outrage? “Outrageous” Conduct In Analyzing The Tort Of Intentional Infliction Of Emotional Distress In The Wake Of Snyder V. Phelps, Constance A. Anastopoulo, Daniel J. Crooks Iii
Where’S The Outrage? “Outrageous” Conduct In Analyzing The Tort Of Intentional Infliction Of Emotional Distress In The Wake Of Snyder V. Phelps, Constance A. Anastopoulo, Daniel J. Crooks Iii
Constance A. Anastopoulo
This Article presents the historical evolution of the tort of Outrage focusing on a discussion of recovery for mental distress prior to the tort’s status as an independent cause of action including the culmination of the tort as announced in the Restatement (Second) Section 46. After presenting this evolution, this Article argues that the key inquiry of the tort of Outrage has been the nature of the defendant’s conduct rather than the severity of the plaintiff’s alleged injury, but now state courts have begun to redefine and reform the tort away from this central element. This Article concludes with the …