Assault Flashcards
Assault
Is the intentional causing of an apprehension of an imminent harmful or offensive contact.
Intent
Intent can be satisfied either by desire and purpose or with knowledge with substantial certainty. For an assault, the plaintiff can intend to cause apprehension of an imminent touching or intend to make contact.
Causing Apprehension of:
The Plaintiff must be put in immediate apprehension of an imminent harmful or offensive touching. Thus, the plaintiff must be aware of that threat
Imminent
The defendant must have the apparent present ability to carry out the threat.
Harmful or Offensive
a. Harmful- touching would encompass a touching that causes pain or bodily damage;
or
b. Offensive- touching is a contact that offends a reasonable person’s sense of dignity.