Assault - Assault Assault Definition Elements A defendant is liable for assault when his actions intentionally cause the victims reasonable apprehension

Assault - Assault Assault Definition Elements A defendant...

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Assault
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Assault – Definition & Elements A defendant is liable for assault when his actions intentionally cause the victim’s reasonable apprehension of imminent harmful or offensive contact Plaintiff must prove three things : 1. intent by defendant 2. reasonable apprehension 3. of imminent contact (harmful or offensive)
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Tort Law vs. Criminal Law: - Apprehension is the key - No tortious assault unless victim suffers apprehension of immediate contact - Ex.) Joe swings a bat at Luke’s head while Luke is looking the other way. - Potentially a criminal assault - Not a tortious assault because Luke did not know Joe was swinging the bat and, therefore did not have an apprehension of immediate harmful contact
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I de S. & Wife v. W. de S , At the Assizes, 1348. Y. B. Lib Assessonum, folio 99, 60 placitum: (not in book) Wine and hatchets
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Cullison v. Medley , (p.46) “A jury could reasonably conclude that the Medleys intended to frighten Cullison by surrounding him in his trailer and threatening him with bodily harm while one of them was armed with a revolver, even if that revolver was not removed from [] its holster. Cullison testified that Ernest kept grabbing at the pistol as if he were going to take it out, and that Cullison thought Ernest was going to shoot him.”
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  • Spring '08
  • Hogshead
  • assault, additional things

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