Assualt Flashcards
Element 2:
2) the apprehension must be on which would normally be aroused in the mind of a reasonable person
Assault:
1) Occurs when a defendant intends to cause immense apprehension by harmful or offensive contact. 2) the apprehension must be on which would normally be aroused in the mind of a reasonable person 3) the tort is complete with the invasion of the plaintiffs mental peace.
Element 3:
3) the tort is complete with the invasion of the plaintiffs mental peace.
Apprehension
Awareness of an imminent touching that would be a battery if completed.
Negating Threats
If no facts to make it reasonable to believe that the defendant will complete act in spite of the condition noted as keeping them from doing = would not suffice for reasonably apprehension.
Conditional Threats
Conditional threat can be assault unless defendant had a legal right to compel plaintiff to perform act in question
Imminent Apprehension
significant delay and where the defendant has a present ability commit the harmful or offensive contact.