Discuss ACFE CFE-Law Exam Topic 2 Question 55

Which of the following is NOT an element generally required to establish a claim alleging the common law avil wrong for intentional infliction of emotional distress?

AThe defendant acted intentionally or recklessly

BThe victim was an employee of the defendant

CThe victim suffered distress as a result of the defendants conduct

DThe defendant engaged in extreme and outrageous conduct

Suggested Answer: B

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36 comments · newest first

Mirta 11 months ago

Yeah, emotional distress can happen to anyone, not just employees.

Justine 11 months ago

I think all options are important, but B seems off.

Kiley 11 months ago

Wait, so being an employee doesn't matter? That's surprising!

Daryl 12 months ago

Totally agree, B is irrelevant here.

Brandee 12 months ago

B is definitely not required.

Deandrea 12 months ago

I’m leaning towards B too, but I’m not 100% certain. It just seems like the other options are more directly related to the emotional distress itself.

Ahmed 1 year ago

I feel like I've seen a similar question before, and it was about the outrageous conduct being necessary. So, could it be A or D?

Chandra 1 year ago

I'm not entirely sure, but I remember something about the defendant needing to act intentionally or recklessly, so maybe that's not the right choice?

India 1 year ago

I think the answer might be B, since being an employee isn't usually a requirement for emotional distress claims.

Aracelis 1 year ago

Ah, I see now. The victim's employment is not a required element for intentional infliction of emotional distress. That must be the answer they're looking for. Glad I took the time to really analyze each option.

Rodney 1 year ago

I'm a little confused on this one. I know the elements involve intent, extreme conduct, and resulting distress, but I'm not sure if the victim's employment status is relevant. I'll have to think it through carefully.

Meghann 1 year ago

Okay, I've got this. The key elements are intentional or reckless conduct, extreme and outrageous behavior, the victim suffering distress, and a causal connection between the conduct and the distress. I'm pretty confident B is the right answer here.

Felice 1 year ago

Hmm, I'm a bit unsure about this one. The victim being an employee of the defendant doesn't seem like a necessary element, but I'll have to double-check that against the standard requirements.

Cecily 1 year ago

This looks like a tricky question on the elements of intentional infliction of emotional distress. I'll need to carefully review the options and think through the key requirements for this tort.

Myra 1 year ago

Wow, option B really takes the cake for the most irrelevant answer choice. I mean, who cares if the victim was the defendant's employee? That's not an essential element of the tort. This question is a real mind-bender, but I think I've got it figured out.

Ernie 1 year ago

Ah, the old 'employee of the defendant' trick. Nice try, test writers, but I'm not falling for that one. Intentional infliction of emotional distress is all about the defendant's conduct, not the victim's job status.

Willodean 1 year ago

↳ replying to Ernie

C) The victim suffered distress as a result of the defendants conduct

Stevie 1 year ago

↳ replying to Ernie

B) The victim was an employee of the defendant

Mitzie 1 year ago

↳ replying to Ernie

A) The defendant acted intentionally or recklessly

Mitzie 1 year ago

Seriously, who comes up with these weird answer choices? Being an employee of the defendant has nothing to do with intentional infliction of emotional distress. This exam is clearly testing our ability to spot the random outlier.

Fletcher 1 year ago

↳ replying to Mitzie

C) The victim suffered distress as a result of the defendant's conduct

Leonida 1 year ago

↳ replying to Mitzie

B) The victim was an employee of the defendant

Ilda 1 year ago

↳ replying to Mitzie

A) The defendant acted intentionally or recklessly

Gaynell 2 years ago

Well, option B is clearly the odd one out here. Intentional infliction of emotional distress is all about the defendant's actions, not the victim's employment status. I'd say that's a pretty straightforward answer.

Felton 1 year ago

↳ replying to Gaynell

D) The defendant engaged in extreme and outrageous conduct

Jaclyn 1 year ago

↳ replying to Gaynell

C) The victim suffered distress as a result of the defendant's conduct

Lashaunda 1 year ago

↳ replying to Gaynell

B) The victim was an employee of the defendant

Stephaine 1 year ago

↳ replying to Gaynell

A) The defendant acted intentionally or recklessly

Edelmira 2 years ago

B) The victim was an employee of the defendant? Huh, that's a bizarre requirement for intentional infliction of emotional distress. I thought it was all about the defendant's outrageous conduct, not their relationship to the victim.

Emerson 1 year ago

↳ replying to Edelmira

D) The defendant engaged in extreme and outrageous conduct

Melodie 1 year ago

↳ replying to Edelmira

C) The victim suffered distress as a result of the defendant's conduct

Kate 1 year ago

↳ replying to Edelmira

B) The victim was an employee of the defendant

Willard 1 year ago

↳ replying to Edelmira

A) The defendant acted intentionally or recklessly

Glenn 2 years ago

Hmm, that makes sense too. It's important for the victim to have suffered distress because of the defendant's actions.

Frederick 2 years ago

I disagree, I believe the correct answer is B) The victim suffered distress as a result of the defendant's conduct.

Glenn 2 years ago

I think the answer is B) The victim was an employee of the defendant.

ACFE CFE-Law Exam - Topic 2 Question 55 Discussion