Saturday, June 22, 2019
Harmonious Family Relationships Between Parent and Child Essay - 1
Harmonious Family Relationships Between Parent and Child - Essay ExampleTo recover indemnity for intentional infliction of worked up distress, a plaintiff must prove that (1) the defendant acted intentionally or recklessly (2) the conduct was extreme and outrageous (3) the attains of the defendant caused the plaintiff emotional distress and (4) the resulting emotional distress was severe. A Claim for intentional infliction of emotional distress cannot be maintained when the risk that emotional distress leave result is merely incidental to the commission of some other tort accordingly, claim for intentional infliction of emotional distress will not lie if emotional distress is not the intended or primary consequence of the defendants conduct. Id. The tort of intentional infliction of emotional distress plain has no application when the actor intends to invade some other legally protected interest, even if emotional distress results. Restatement (Second) of Torts, 46. Actionable nuisance is divided into tercet classifications negligent invasion of anothers interests, intentional invasion of anothers interests, and other conduct, culpable because abnormal and out of place in its surroundings, that invades anothers interests. Personal integrity and includes not only tangible invasion of a persons property but also eavesdropping upon private conversations by wiretapping, microphones or spying into windows of a home. Section 822, Restatement, Torts (1939), reads The actor is liable in an action for damages for a non-trespassory invasion of anothers interest in the private use and enjoyment of land if, (a) the other has property rights and privileges in respect to the use or enjoyment interfered with.
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