Assault Flashcards
What are the elements of assault?
- An act 2. By defendant with intent 3. To cause in the Plaintiff 4. A reasonable apprehension 5. Of an imminent Battery
What is the intent required for assault?
Defendant must acted with intent to cause the harmful or offensive contact to Plaintiff or another or with the intent to cause the imminent apprehension of the contact.
Is defendant’s motive for causing the assault relevant?
No
What must Plaintiff show to prove an an assault?
That he experienced the apprehension at the time defendant made the threatening act and before it was terminated.
Must Plaintiff prove that he was in fear?
No
Does Plaintiff have a cause of action if Plaintiff experiences apprehension for an assault on a third person?
No
Would a cause of action for assault fail if defendant shows that a person of normal courage would not have apprehended a Battery?
No, because Plaintiff being unusually sensitive, does in fact experiences the apprehension.
When is the apprehension imminent?
When the defendant has the apparent intent and ability to carry out the threat immediately.
Do words alone constitute assault?
No
When do words alone constitute an assault?
When the words give a sufficiently threatening character to an otherwise innocuous or inoffensive movement.
Are future threats of assault actionable?
No
Under what circumstances may the Trier of the facts find assault even though the defendant does not have or believes he does not have the apparent ability to consummate the assault?
When it appears to the Plaintiff that the defendant has the present ability to commit the Battery.
Are conditional threats “leave or I’ll throw you out” an assault?
Yes
When are conditional threats not an assault?
When the defendant is privileged to enforce the command.
