Khayal Shah, B. A. LLB (Hons), National Law University and Judicial Academy, Assam
ABSTRACT
A growing understanding of the serious psychological harm that people might sustain as a result of another person's acts is highlighted by the legal notion of emotional distress as a tort. The evolution, recognition, and legal complexities of emotional distress in tort law are examined in this paper. With common law roots, emotional distress claims gained recognition thanks to landmark rulings like Wilkinson v. Downton, Molien v. Kaiser Foundation Hospitals, and Dillon v. Legg, which established the foundation for wilful and careless emotional distress infliction (IIED and NIED).
With an emphasis on crucial components, including duty of care, severe conduct, intent, and foreseeability, the paper examines the difficulties in demonstrating subjective hurt and calculating damages. While cross- jurisdictional studies show variances in legal recognition impacted by cultural, legal, and technological factors, comparative evaluations of IIED and NIED highlight distinctions between purposeful and negligent conduct. Traditional tort frameworks face fresh challenges from emerging issues like online harassment and emotional harm in digital environments. Through the integration of legal, psychological, and cultural viewpoints, the study highlights how tort law has evolved dynamically to handle emotional harm. In order to promote a sophisticated understanding of emotional discomfort in modern situations, it advocates for adaptive legal responses that take into account developments in mental health knowledge and societal views.
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