Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-gb8f7 Total loading time: 0 Render date: 2024-11-22T20:31:23.281Z Has data issue: false hasContentIssue false

8 - Commentary on Lyman v. Huber

from Part III - Intentional Torts

Published online by Cambridge University Press:  28 November 2020

Martha Chamallas
Affiliation:
Ohio State University
Lucinda M. Finley
Affiliation:
University at Buffalo, State University of New York
Get access

Summary

In Lyman v. Huber, a woman who had endured decades of emotional abuse from her domestic partner was awarded damages for intentional infliction of emotional distress (IIED) by the trial court, but the appellate court reversed, concluding that while she actually did suffer severe distress, a reasonable person would not have suffered. The rewritten feminist opinion upholds the trial verdict, pointing out that the legal requirement that an IIED victim’s suffering should be measured against an objective “reasonable person” standard is contrary to normal tort principles that compensate for the harm actually incurred. It argues that IIED law should be changed to permit recovery for harm actually caused, rather than “reasonably” experienced, and demonstrates implicit gender bias in the “reasonable person” standard. The accompanying commentary discusses how courts, as exemplified by this case, have erected heightened IIED standards for domestic abuse victims that have made it far more difficult for them to recover damages.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×