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Is the defendant, who purposely harassed, abused, and intended to kill the plaintiff, liable for intentional infliction of emotional distress?
The law defines intentional infliction of emotional distress by the following elements:
1. The defendant engaged in outrageous, [unprivileged] conduct;
2. [a. The] defendant intended to cause plaintiff to suffer emotional distress; or
[b. (1) defendant engaged in the conduct with reckless disregard of the
probability of causing plaintiff to suffer emotional distress;
(2) The plaintiff was present at the time the outrageous conduct
(3) The defendant knew that the plaintiff was present;]
3. The plaintiff suffered severe emotional distress; and
4. Such outrageous…conduct of the defendant was a cause of the emotional
distress suffered by the plaintiff.
In the home of Beast (plaintiff), Gaston (defendant) entered without permission by kicking in the doors of Beast’s house. Gaston then searched the house until he found Beast in his bedroom. Gaston then shot Beast in the upper-right side of his back. Gaston then pushed Beast out of the window onto the rooftops. Once upon the rooftops Gaston verbally evoked Beast to get up and fight. Gaston said, “get up, get up, what’s the matter Beast to kind and gentle to fight back”? At this point Gaston acquired a club from the rooftops and went to beat Beast as he was lying on his side with his back to Gaston.
Did Gaston have the right to kill Beast in protection of the village or himself? Beast made no attempt on the village people or Gaston. Gaston’s actions were extreme and outrageous conduct. Extreme and outrageous conduct being defined as: “conduct which would cause an average member of the community to immediately react in outrage”.
Beast did fight back and upon getting Gaston to drop his weapon the plaintiff told the defendant to leave his property. Once Gaston had been...