exceeding all bounds usually tolerated by decent society
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Also known as:exceeds all bounds usually tolerated by decent society · outrageous · extreme and outrageous
Written by attorneys · grounded in primary & secondary sources — see below
Conduct that surpasses the limits of what a reasonable person would find acceptable in civilized society. The standard requires behavior especially calculated to inflict serious mental distress and that in fact produces such distress.
Sources & Authorities
How it applies
Common Examples
6
Producer Lures Family to Studio
Chris Morgan at Global Digital learned of an unverified tip accusing teacher Alex Rivera of misconduct. Morgan approved a teaser and lured Alex's spouse Jordan and their children to the studio under false pretenses. The family watched the broadcast live and the children sobbed while Jordan suffered chest pain requiring medical attention. The calculated deception and public airing of false accusations met the threshold for conduct exceeding all bounds usually tolerated by decent society.
Supervisor Issues Repeated Threats
Harlan supervised migrant worker Elena Vargas at Ridge Grain. Over several weeks he repeatedly demanded sexual relations and threatened to report her family to immigration authorities for deportation if she refused. He described detention conditions in graphic detail while coworkers laughed. The sustained public coercion targeting her economic dependence and family safety satisfied the standard of conduct exceeding all bounds usually tolerated by decent society.
Select any source to read its text and confirm it supports the definition.
Cases
Restatements
Casebooks
Administrator Publicly Shames Student
Sabrina convened a mandatory assembly and singled out boarding student Dakota on stage. She falsely accused Dakota of cheating and theft before the student body and threatened expulsion plus deportation to a country Dakota had never visited. Dakota fainted immediately afterward. The public humiliation combined with fabricated threats of serious consequences crossed the line into conduct exceeding all bounds usually tolerated by decent society.
Prosecutor Fabricates Evidence
A district attorney knowingly presented false testimony and withheld exculpatory material to secure a conviction. The deliberate use of perjured evidence to deprive an innocent person of liberty went far beyond ordinary advocacy. The conduct met the threshold of exceeding all bounds usually tolerated by decent society and supported an award of punitive damages.
Imbler v. Pachtman424 U.S. 409 (1976)
Magazine Publishes Altered Quotes
A reporter deliberately changed interview statements to portray the subject as having made inflammatory admissions he never uttered. The fabricated material was published in a national magazine. The knowing distortion of the subject's words to create a false and damaging impression constituted conduct exceeding all bounds usually tolerated by decent society.
Masson v. New Yorker Magazine, Inc.895 F.2d 1535 (9th Cir. 1989)
Officials Arrange Abduction Abroad
U.S. officials orchestrated the forcible abduction of a foreign national from his home country to face charges in the United States. The operation involved deception and physical seizure without legal process in the foreign jurisdiction. The calculated violation of sovereignty and personal liberty satisfied the standard for conduct exceeding all bounds usually tolerated by decent society.
Sosa v. Alvarez-Machain542 U.S. 692 (2004)
Common questions
Frequently Asked
3
What four elements must a plaintiff prove for intentional infliction of emotional distress?+
The plaintiff must show extreme and outrageous conduct that exceeds all bounds usually tolerated by decent society, that the defendant acted intentionally or recklessly, that the conduct caused severe emotional distress, and that bodily harm resulted if claimed.
Supporting sources
Does industry practice or competitive pressure excuse conduct that would otherwise be outrageous?+
No. Routine sensationalism or standard disciplinary procedures do not immunize conduct involving calculated deception or public humiliation that targets vulnerable individuals and produces severe distress.
Supporting sources
When does public-issue speech lose First Amendment protection in an IIED claim?+
Speech on matters of public concern in a public forum remains protected even if hurtful unless it involves independently unprotected conduct such as true threats or fighting words. Funeral or memorial settings do not create a categorical exception.
Supporting sources
217 N.Y. 382, 111 N.E. 1050Torts
…action. Unless we confine the operation of such contracts as this to the parties who enter into them, the most absurd and outrageous consequences, to which I can see no limit, would ensue.” The doctrine of that decision was recognized as the law of this state by the leading New York case of Thomas v. Winchester (6 N.…