Offensive Battery/Assault Flashcards
1
Q
*Alcorn
A
Offensive battery. Spat in face of opponent after trial adjourned. RULE for offensive battery: Juries may give vindicative damages where there is malice, willfulness, wantonness, outrage, and indignity attending the wrong complained of. Requires something that society would deem offensive to meet that rule.
2
Q
Assault in general
A
“the intention to do harm is the essence of an assault.”
Putting someone in reasonable apprehension of imminent harmful contact, but no actual harm required.
Could be failed/attempted battery (e.g. hit wrong person, person meant to hit has assault case because intent, and other person has the battery case).
