A Comparative Analysis of the Tort of Intentional Infliction of Emotional Distress (IIED)
![handle is hein.journals/ijlmhs13 and id is 1701 raw text is: International Journal of Law) Management & Humanities
A Comparative Analysis of the Tort of
Intentional Infliction of Emotional Distress
(IIED)
RUSHA NIMAVAT 1
ABSTRACT
Purpose: The purpose of this paper is to do a comparative analysis of the tort of Intentional
Infliction of Emotional Distress and its application in India.
Research Implication: This paper provides a study into the lIED tort along with the
comparison of the use of this tort in India, Britain and US with specific focus on the
application in India. The future research could include the study on the tort of lIED as a
separate tort to be established in India.
Findings: The paper discusses in detail the tort of Intentional Infliction of Emotional
Distress in UK, US and India. This tort has four essentials in order to determine liability.
The tort of IIED is given the most importance in the American courts and considered a
separate tort whereas in India the tort is not considered separately but as a parasitic injury.
The paper discusses these aspects in detail and the cases.
Originality/Value: The paper analyses the tort of IIED in depth and also does a
comparative analysis in three countries. The paper then focuses on the application of the
tort in India. The paper analyses certain cases wherein the application of IIED in India
could be understood
Keywords: Intentional Infliction of Emotional Distress, parasitic Injury, trespass to person,
nervous shock, mental health, emotions.
I. INTRODUCTION
Tort is that branch of law that deals with the civil wrongs. There are various civil wrongs that
have been classified in India and to name a few would be trespass to person, to property,
negligence. All of these civil wrongs protect a person against some form of legal as well as
physical injury. But the aspect of mental and emotional damage or distress is one which also
needs to be addressed in law. For this, the tort of Intentional Infliction of Emotional Distress
plays a very important role. This tort can be precisely defined as the intentional or reckless
infliction of severe emotional and mental pain by one person on another in a very extreme and
1 Author is a student at Kirit P. Mehta School of Law, NMIMS University, India.
© 2021. International Journal of Law Management & Humanities [ISSN 2581-5369]
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[Vol. 4 Iss 5; 1537]](ViewImageLocal?handle=hein.journals/ijlmhs13&div=146&collection=&method=preview&ext=.png&size=3)
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A Comparative Analysis of the Tort of Intentional Infliction of Emotional Distress (IIED)
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