Wednesday, February 26, 2020
Harmonious Family Relationships Between Parent and Child Essay - 1
Harmonious Family Relationships Between Parent and Child - Essay Example To recover damages for intentional infliction of emotional distress, a plaintiff must prove that: (1) the defendant acted intentionally or recklessly; (2) the conduct was extreme and outrageous; (3) the actions 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 will 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 defendant's conduct. Id. The tort of intentional infliction of emotional distress simply has no application when the actor intends to invade some other legally protected interest, even if emotional distress results. Restatement (Second) of Torts, Ã § 46. Actionable nuisance is divided into three classifications: negligent invasion of another's interests, intentional invasion of another's interests, and other conduct, culpable because abnormal and out of place in its surroundings, that invades another's interests. Personal integrity and includes not only physical invasion of a person's property but also eavesdropping upon private conversations by wiretapping, microphones or spying into windows of a home. Section 822, Restatement, Torts (1939), reads: Ã¢â¬Å"The actor is liable in an action for damages for a non-trespassory invasion of another's 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.