Also known as: disturbances · disturbance of the peace · breach of peace
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A state of mental or emotional upset that mitigates a homicide from murder to manslaughter when extreme and reasonably explained from the actor's viewpoint.
A state of mental or emotional upset that may create negligence liability when it risks bodily harm or support recovery when linked to physical injury.
A state of mental or emotional upset that mitigates a homicide from murder to manslaughter when extreme and reasonably explained from the actor's viewpoint.
Select any source to read its text and confirm it supports the definition.
A state of mental or emotional upset that may create negligence liability when it risks bodily harm or support recovery when linked to physical injury.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Dwight Dorsey shot his neighbor after discovering an affair. He claimed the discovery triggered an extreme reaction that clouded his judgment. The jury considered whether a person in his situation would have experienced a reasonable emotional disturbance under the believed circumstances.
It reduces the offense when the homicide would otherwise be murder and the actor was under the influence of an extreme mental or emotional disturbance for which there is a reasonable explanation or excuse judged from the actor's situation and believed circumstances.
Supporting sources
Daniel Diaz repeatedly called Devon Drake at night with threats of eviction despite knowing Drake's diagnosed anxiety disorder. Drake suffered physical symptoms from the resulting stress. The conduct created an unreasonable risk of emotional disturbance likely to produce bodily harm.
Diego Duarte received a false automated notice of foreclosure from his lender. He spent days anxiously searching for new housing but suffered no physical injury or other compensable loss. Recovery for the resulting emotional disturbance alone was unavailable.
Daphne Doyle negligently caused a car crash that terrified Delilah Duran. Duran suffered a heart attack solely from the fright without any direct physical impact. Liability attached because the duty of care protected against emotional disturbance carrying an unreasonable risk of bodily harm.
A pedestrian panicked and ran into traffic after nearly being struck by a negligently driven vehicle. The pedestrian's flight caused further injury to a bystander. The flight was a normal response to the emotional disturbance and did not break the chain of causation.
Duarte Shipping's employee suffered bruises in a workplace explosion caused by negligence. The employee later developed panic attacks and a stress-related rash from the fright tied to the original injury. Liability extended to both the emotional disturbance and the resulting physical condition.
No. When negligent conduct creates a risk of emotional disturbance but produces only that disturbance without bodily harm or other compensable damage, the actor is not liable.
Supporting sources
Yes. When the actor's negligence violates a duty to protect against fright or emotional disturbance that carries an unreasonable risk of bodily harm, liability follows even if the harm results solely through the internal operation of the fright.
Supporting sources
No. An act done by another in normal response to fear or emotional disturbance to which the actor's negligence was a substantial factor is not a superseding cause of resulting harm.
Supporting sources
Further bodily harm resulting from the emotional disturbance is recoverable when the actor is already liable for the initial bodily harm.
Supporting sources
…wrong. There is a limit to the amount of error that can plausibly be imputed to prior Courts. If that limit should be exceeded, disturbance of prior rulings would be taken as evidence that justifiable reexamination of principle had given way to drives for particular results in the short term. The legitimacy of the Court would…