Assault Flashcards
Assault vs. Battery
In Assault:
- victim must be aware
- defendant does not have to make contact (I. de S case)
In battery:
- victim does not have to be aware
- defendant has to make contact
Assault definition
Defendant is liable for assault when the defendant voluntarily acts with intent to cause another apprehension of imminent bodily contact, and such apprehension results when the defendant has the apparent ability to carry out the contact, without justification.
Public policy for assault
assault hinders mental integrity, which is just as important as physical integrity. This tort protects mental integrity, mental comfort, and deters antisocial behavior.
Elements for Assault
Voluntary: without outside influence; of one’s own free will
Acts: external manifestation of the actor’s will
Intent:
o Specific: purpose or desire to produce the consequences
o General: if the defendant sets in motion a chain of events knowing with substantial certainty the outcome is likely to occur
o Transferred: trying to commit a tort against one person, but accidentally committing it against another person
Apparent ability: reason person believes that contact could occur
Apprehension: awareness that the contact will occur
Imminent: immediate or close at hand
Assault sub rules
Mere words, no matter how threatening, do not constitute assault—there must be at least a step taken forward
Distance must be taken into account in determining whether an assault has occurred
o Example: people throwing rocks from far away, not assault
Not every assault contains a battery, but every battery contains an assault
Leering does not constitute assault (blowing kisses at someone random)
Fear is not necessary for an assault but important because damages
Conditional threats do not constitute an assault
Threats of future harm do not constitute an assault
Mere preparation does not constitute an assault
If defendant reports danger from outside source and no danger exists, then this is an assault
