Del. P.J.I. Civ. § 14.1

OUTRAGEOUS CONDUCT CAUSING SEVERE EMOTIONAL DISTRESS

If a person intentionally or recklessly causes severe emotional distress to

another by extreme and outrageous conduct, that person is liable for the emotional

distress and for any bodily harm that results from the distress.

Extreme and outrageous conduct goes beyond all possible bounds of decency

and would be regarded as atrocious and utterly intolerable in a civilized community.

Emotional distress includes all highly unpleasant mental reactions, including fright,

horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment,

and worry. Severe emotional distress is so extreme that no reasonable person could

be expected to endure it.

Liability for severe emotional distress, however, does not extend to mere

insults, indignities, threats, annoyances, petty oppressions, or other trivialities. The

law cannot intervene in every case where someone’s feelings are hurt. There must

still be freedom to express unflattering opinions. The law will intervene only where

the distress is so severe that no reasonable person could be expected to endure it. In

this regard, the intensity and the duration of the distress are factors to be considered

in determining its severity.

If you find that [defendant’s name]’s conduct was outrageous and extreme and

that this conduct caused [plaintiff’s name] to suffer severe emotional distress, then

you must find [defendant’s name] liable for damages.