Assault Flashcards
1
Q
A
The key testable elements for assault are:
* Act by the defendant creating a reasonable apprehension in the
plaintiff
* Of an immediate battery (harmful or offensive contact to the plaintiff’s person)
2
Q
Apprehension Must Be Reasonable
A
The apprehension of harmful or offensive contact must be reasonable. Courts generally will not protect a plaintiff against exaggerated fears of contact.
a. Fear Not Required
Apprehension shouldn’t be confused with fear or intimidation
3
Q
Knowledge of Act
A
For apprehension to be shown, the plaintiff must have been aware of
the threat from the defendant’s act, although the plaintiff need not be
aware of the defendant’s identity.