Assault Flashcards

1
Q
A

The key testable elements for assault are:
* Act by the defendant creating a reasonable apprehension in the
plaintiff
* Of an immediate battery (harmful or offensive contact to the plaintiff’s person)

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2
Q

Apprehension Must Be Reasonable

A

The apprehension of harmful or offensive contact must be reasonable. Courts generally will not protect a plaintiff against exaggerated fears of contact.
a. Fear Not Required
Apprehension shouldn’t be confused with fear or intimidation

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3
Q

Knowledge of Act

A

For apprehension to be shown, the plaintiff must have been aware of
the threat from the defendant’s act, although the plaintiff need not be
aware of the defendant’s identity.

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