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1 Cards in this Set
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Rule for Assault
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An assault is committed if the defendant intentionally creates in the plaintiff a reasonable/genuine apprehension of imminent, harmful or offensive unconsented bodily contact.
1. Intent to cause apprehension of contact A tortfeasor acts intentionally when: a) His Purpose is to place the plaintiff in apprehension of immediate harmful or offensive contact. or b) He acts with Substantial Certainty that his actions will place the Plaintiff in apprehension of immediate harmful or offensive contact. c) Transferred Intent 2. Present apparent ability to cause contact a) Cannot be a future harm b) Cannot be too far away to harm c) Plaintiff must believe that the defendant is actually capable of the harm or apprehension. 3. Threatening gesture (usually) a) WORDS ALONE ARE USUALLY NOT ENOUGH 4. Reasonable/genuine apprehension of imminent, unconsented bodily contact a) In determining whether this element is present, the standard is whether apprehension would be aroused in the mind of a reasonable person. b) Moreover, the Plaintiff must be aware of Defendant’s (threatening) conduct at the time it occurs. |
