Intentional Torts - Assault

Question 1

Assault

Answer 1

An assault is the plaintiff’s reasonable apprehension of an imminent harmful or offensive bodily contact caused by the defendant’s action or threat with the intent to cause either the apprehension of such contact or the contact itself

Question 2

Bodily Contact

Answer 2

Bodily contract is not required for assault
The prototypical assault occurs when the plaintiff sees the defendant throw a punch at him. Regardless of whether the punch connects the apprehension of the contract is sufficient for assault

Question 3

Reasonable Apprehension

Answer 3

A plaintiff’s apprehension must be reasonable. Plaintiff must be aware of or have knowledge of the defendant’s act or threat
The defendant’s apparent ability to cause ham can be sufficient to place the plaintiff in apprehension of harm.
Even if the victim is confident that he can prevent the threatened harm, there may still be an assault

Question 4

Imminence

Answer 4

The threatened bodily harm or offensive conduct must be imminent - without significant delay.
Threat of future harm are insufficient

Question 5

Mere words

Answer 5

Mere words alone do not constitute an assault

Words coupled with conduct or other circumstances may be sufficient.

Question 6

Intent

Answer 6

The defendant must intend to cause the plaintiff’s apprehension of an imminent harmful or offensive contact or intend to cause harmful or offensive bodily contact with the victim
Defendant’s own words can negate the intent
Doctrine of transferred intent applied to assault

Question 7

Damages

Answer 7

No proof of actual damages is required.
Victim can recover nominal damages and in appropriate cases punitive damages
Plaintiff sustains damages from physical harm then he may recover these as well.