Assault

Question 1

Intentional Tort

Answer 1

Assault is an intentional tort which requires P to prove D’s intentional conduct caused P’s harm.

Question 2

Conduct

Answer 2

D volunatrily/affirmatively acted.

Question 3

Intent

Answer 3

D intended / was substantially certain to cause apprehension in P.
Transferred intent applies.

Question 4

Causation & Harm

Answer 4

D’s conduct caused P to reasonably anticipate imminent, harmful (physical injury) /offensive (would offend a reasonable person, or D knows it would offend P’s personal dignity) contact. P must have been aware of D’s conduct.
Anticipated contact: No physical contact required.
Imminent: P reasonably felt the threat was imminent (no significant delay, geographic proximity).

Question 5

P’s recovery

Answer 5

Under the eggshell plaintiff rule, D is liable for the full extent of P’s harm, even if the extent is unforeseeable due to P’s heightened sensitivities, as long as the type of harm P suffered was foreseeable.
P may recover compensatory damages:
* pain & suffering for emotional distress
* medical bills / lost wages due to physical injury
P may recover nominal damages:
* harm is insignificant and P cannot prove actual damages.
P may recover punitive damages:
* D acted outrageously / with malice

Question 6

D’s defenses

Answer 6

1. Consent: P gave actual (express) / apparent / presumed (implied) / emergency consent.
2. Self-defense: D reasonably believed the force was necessary & proportionate to P’s force. D retreated before using the force. P did not withdraw before D used the force. D was not the initial aggressor.
3. Property defense: D reasonably believed P was intruding/about to intrude. D asked P to stop (or knew it would be useless). D used reasonably proportionate means.
4. Merchant’s privilege: D was a seller, reasonably believed P committed theft, D used reasonable force on/near merchant’s premises, for a reasonable time.
5. Defense to third parties: D reasonably believed that the 3rd person was entitled to use force for self-defense, and the defense was immediately necessary.
6. Child discipline: D was a parent, used reasonable force/confinement to discipline child’s behavior / D was a teacher, used reasonable force to maintain order/safety.