Assault

Question 1

Elements of Assault

Answer 1

1. Intent (to cause)
2. Imminent apprehension of harmful or offensive contact. (there must be imminent fear of harm)
3. Defendant intended to cause the apprehension

Question 2

Policy Consideration of Assault

Answer 2

Protects peace of mind

Question 3

When is there an assault?

Answer 3

No physical harm is required to find liability for assault.
Immediately menacing behavior amounts to assault even though the threat of violence is conditional and no violence is attempted because plaintiff gives in to the threat.

Question 4

When is there no assault?

Answer 4

A verbal threat, without a gesture or action towards carrying out the threat, is not an assault
No assault if P does not know D’s conduct, as P could not have been put in fear for his safety.
No assault if no apprehension of harmful/offensive contact. There can be a battery without an assault

Question 5

Must the defendant make an overt action to satisfy assault?

Answer 5

Assault must be an overt act or attempt or unequivocal appearance of an attempt with force and violence to do some immediate physical injury to another person. The display of force or menace of violence must be such as to cause the reasonable apprehension of immediate bodily harm.

Question 6

Must the defendant make an overt action to satisfy assault?

Answer 6

Assault must be an overt act or attempt or unequivocal appearance of an attempt with force and violence to do some immediate physical injury to another person. The display of force or menace of violence must be such as to cause the reasonable apprehension of immediate bodily harm.