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Causing severe emotional distress;4)Causing physical harm. Bystander Rule: Bystander = Close Family MemberoA bystander can recover if – 1)The bystander is a close family member of the plaintiff; 2)The bystander was present; and3)The bystander suffered emotional distress.Special Rules:Corpse: If someone is negligent in the handling the corpse of a dead body and causes one severe emotional distress; no physical harm is required False Diagnosis: Providing a false diagnosis of a terminal disease creates a foreseeable risk of physical injury solely from the severe emotional distress causedFalse ImprisonmentElements: 1)Intentional act; 2)Placing the plaintiff; 3)In a confined, bounded area;4)With no means of escape;5)The plaintiff is aware/has knowledge of the confinement. Shopkeeper Privilege: A shopkeeper (i.e., shop/business) can detain a person if – 1)The shopkeeper has a reasonable belief that a theft has occurred;2)The shopkeeper detained the suspected shoplifter in a reasonable manner; and3)The shopkeeper detained the suspected shoplifter for a reasonable amount of time.2MBE: Torts – Intentional Torts (COA)
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Tort Law, Intentional infliction of emotional distress, close family member, Bystander Rule