3) IT - Assault

Question 1

assault: def

Answer 1

D intentionally causes P to experience reasonable apprehension of imminent harmful or offensive contact

Question 2

assault: elements

Answer 2

1) intent
2) reasonable apprehension (by P)
3) of an imminent battery

Question 3

intent: kinds

Answer 3

EITHER:

1) desire to create apprehnsion of imminent battery (or to batter), OR
2) knew that reasonable apprehension of imminent battery was virtually certain to result

Question 4

transfer of intent: common torts

Answer 4

battery
assault
false imprisonment

Question 5

transfer of intent: wrong tort

Answer 5

intent for assault SATISFIES intent for battery

Question 6

transfer of intent: merger doctrine?

Answer 6

no! so, can get damages for both assault and battery

Question 7

transfer of intent: wrong person

Answer 7

only can get damages for the tort that actually happened to you. but ok P intended it to happen to another person. even ok if intended another TORT to the other person.

Question 8

reasonable apprehension: def

Answer 8

a reasonable person in P’s position would be in apprehension of an imminent battery, OR D must know of P’s particular susceptibility

Question 9

reasonable apprehension: affect of ability to carry it out

Answer 9

as long as P’s apprehension is reasonable, the fact taht D lacks actual ability to caause the harmful/offensive contact dn defeat liability

Question 10

imminence: def

Answer 10

battery has to be able to be carried out almost instantaneously, w/o any substantial delay

Question 11

words that negate intent

Answer 11

no reasonable apprehension

Question 12

can words alone create assault?

Answer 12

yes but rare (dark alley “I have a gun and will shoot you now”)

Question 13

reasonable apprehension must be of a contact to

Answer 13

P! (not throwing the cat off the window)