prevent the threatened contact by self defensive measures which he feels amply

Prevent the threatened contact by self defensive

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prevent the threatened contact by self defensive measures which he feels amply capable of taking doesn’t prevent the actors attempt to inflict the contact upon him from being an actionable assault o Whether the plaintiff was in apprehension will normally be an issue for the fact finder to resolve Note 3: Reasonableness of Reaction o Dispute as to whether the plaintiffs apprehension of contact must be reasonable or merely genuine o Restatement If the defendant succeeds in intentionally placing the plaintiff in apprehension of imminent contact it is irrelevant that the defendants acts would not have placed a person of ordinary courage in such apprehension 20
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Torts 1 Outline Note 4: Imminent versus Future Threats o A threat of future harm will not support an action for assault o Apprehension created must be one of imminent contact, as distinguished, from any contact in the future o Imminent does not mean immediate, not instantaneous Means there will be no significant delay o Not necessary that one be in striking distance or that a weapon pointed as the other shall be in a condition for instant discharge o Enough that one is so close to striking distance that he can reach the other almost at once or that he can make the weapon ready for discharge in a very short interval of time o Ex: Waitress says tells 2 men that they better pay for drinks they had not ordered, and if they didn’t, the 2 men over there wouldn’t like it Court held: the threat was immediate and not a future threat Necessity of “present ability” to inflict a battery upon the victim is satisfied by the immediate presence of these bouncers especially when coupled with the waitresses gesture towards them Note 5: conditional threats o Whether a conditional threat to commit a battery constitutes an assault depends upon whether the condition is one which the defendant is privileged to enforce through physical contact or a threat to inflict the same o Action may lie get out of my house or I will shoot you o None I will give you one minute to leave my house. If you don’t, I will put you out o The difference is that there is a privilege to use physical force but not deadly force to eject an unwanted guest and one may threaten only that degrees of force that it would be permissible to use Note 6: Verbal Nuances o Words accompanying conduct provide a basis for determining whether the plaintiff was place in apprehension of imminent contact Such language may reveal, for example, that despite appearances to the contrary, the defendant had no intention of striking the plaintiff as where the defendant raises a whip exclaiming “ if you were not an old man I would knock you down” o Words may clarify the significance of ambiguous conduct Whetehr an actor causes an assault by reaching into his coat pocket during a quarrel may depend on whether he simultaneously states “I will blow out your brains” or “wait a minute I need a handkerchief”
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  • Spring '08
  • Hogshead

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