Bar Art

Ken and Tina over at Begging the Question have been publishing their Bar Art for the past few days. What is Bar Art, you ask? It's the result of an odd compulsion to draw out legal theories, usually in stick-man form, in order to vent your feelings of insanity during the Bar studying period.

I have been drawing in my lecture notebook from day one, and now I shall join Ken and Tina and publish my very own masterpiece.

"Intentional Infliction of Emotional Distress"
smc, July 2008

To quote my Bar lecturer, "Intentional Infliction of Emotional Distress is a tort characterized by extreme or outrageous behavior. What is extreme or outrageous behavior? According to the Restatement, it is behavior so extreme as to make the average, reasonable person exclaim, 'OUTRAGEOUS!'"

Which is an awesome definition in itself.

Now, normally being called a name is not enough to rise to the level of extreme or outrageous conduct. However, for some reason, the law takes insults from common carriers (buses and such) and innkeepers (or hotel folk) very seriously. Apparently, some lawmaker was bullied as a child by future common carriers and innkeepers, and vowed to one day get his revenge. He made good on that threat, too, because the law loves to hate on these people.

Therefore, a single insult by a common carrier or innkeeper to a passenger/patron is enough to rise to the level of extreme and outrageous behavior, and is Intentional Infliction of Emotional Distress on our Plaintiff. Poor, poor Plaintiff.

Sue their little bellhop hats off.