A Comparative Analysis of the Tort of Intentional Infliction of Emotional Distress (IIED)

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 IIED 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 IIED 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.