Assault

Question 1

Define Assault:

Answer 1

Assault is effectuated when one acts intending to cause a reasonable person to suffer an imminent apprehension of a harmful or offensive contact.

Question 2

Elements of Assault:

Answer 2

1) INTENT to put in APPREHENSION of IMMINENT harmful or offensive contact.
2) plaintiff is placed in ACTUAL REASONABLE APPREHENSION of imminent harmful or offensive contact.
3) damages. (Presumed)

Question 3

Define: Imminent

Answer 3

Imminent does not mean instantaneous, it means “without significant delay.”

Question 4

How to determine if a Defendant intended to put Plaintiff in apprehension of imminent harmful or offensive contact?

Answer 4

Look at defendants words, plus their acts and circumstances.

Question 5

What does the element “placed in actual reasonable apprehension of imminent harmful or offensive contact” mean?

Answer 5

This is judged on the objective standard
Defendants conduct must be more than verbal threats
Plaintiff must have actual knowledge of the D’s actions and their ability to carry the threat out.