Assault Flashcards
Assault: Black Letter Law
1.) Intentionally causing a
2.) well-founded apprehension (awareness) of an immediate
3.) Harmful or offensive contact (battery)
What intent must the plaintiff show prove regarding the Defendants intent?
The defendant must desire or be substantially certain that her action will cause the apprehension of immediate harmful or offensive contact
Do threats of future harm constitute assault?
No, the apprehension needs to be immediate, “right now”.
Does assault require actual fear of the contact?
No, Plaintiff only needs mere awareness of its immediate occurrence. Just like batter, proof of actual injury is not required in an assault claim.
The defendant must have, however, the apparent (if not actual) ability to cause imminent harmful or offensive contact.
One illustration is Western Union Telegraph Co. v. Hill,45 in which the court held it was a question of fact for the jury whether the manager of a telegraph office was liable for assault when he attempted to touch plaintiff’s wife and offered “to love and pet her” 46 while still behind a counter that divided him from the victim.)
