Minnesota Complaint for Breach of Contract, Emotional distress, Misrepresentation of House Condition
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How to fill out Complaint For Breach Of Contract, Emotional Distress, Misrepresentation Of House Condition?
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FAQ
Intentional infliction of emotional distress (IIED) is a tort that occurs when one acts in a manner that intentionally or recklessly causes another to suffer severe emotional distress, such as issuing the threat of future harm.
Under Minnesota law, proof of a breach of contract claim requires four elements: (1) the existence of a contract; (2) breach of the terms of the contract; (3) causation; and (4) damages. Parkhill v. Minn.
These are: "(1) the conduct must be extreme and outrageous; (2) the conduct must be intentional or reckless; (3) it must cause emotional distress; and (4) the distress must be severe." Hubbard, 330 N.W. 2d at 438-39.
To recover for the negligent infliction of emotional distress, a plaintiff must prove that: The defendant owed the plaintiff a duty; The defendant negligently breached that duty; and. The plaintiff suffered severe emotional distress as a result of the negligence.
The tort of intentional infliction of emotional distress has four elements: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress. Hyatt, 943 S.W. 2d at 297.
Minnesota jury Instruction Guide (JIG) 155 covers personal injury damages and states that damages are recoverable for "[a]ny pain, disability, (disfigurement), (embarrassment), or emotional distress experienced ... up to the time of trial." MIN- NESOTA PRACTICE, CIVILjURY INSTRUCTION GUIDES No. 155 at 141 (3d ed.