‘Filling the Gaps in IIED’

Alex B Long, ‘Using the IIED Tort to Address Discrimination and Retaliation in the Workplace’, (March 31, 2021) University of Illinois Law Review (forthcoming), available on SSRN. The intentional infliction of emotional distress (IIED) is, in some ways, an outlier among the intentional torts. Most intentional torts are ancient, dating back centuries. By contrast, the original Restatement of Torts, published in the 1930s, did not recognize IIED; it first appeared in a supplement in 1948. More importantly, the intentional torts tend to focus on delineated forbidden conduct. The gist of battery is contact; of assault, it is apprehension; of false imprisonment, it is confinement. IIED is broader, vaguer than the other intentional torts. Although vagueness has the advantage of flexibility, it creates significant difficulties in application … (more)

[Christopher J Robinette, JOTWELL, 14 April]

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