Rule Assault can be satisfied if the following elements are met 1 intent 2

Rule assault can be satisfied if the following

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Rule: Assault can be satisfied if the following elements are met: (1) intent (2) imminent apprehension of contact (3) causal harm from the apprehension of contact. Holding: Yes, the plaintiff can succeed in an action for assault against the defendant. Reasoning behind Holding: This is one of the earliest cases in determining an assault. The court In this case evaluated firstly what constitutes a legal action for assault and whether or not the plaintiff could satisfy these elements. The court clearly upon evaluating the incident found that the defendant had acted with the intent when going to strike the plaintiffs wife. Furthermore, that his actions by swinging the hatchet would certainly produce the apprehension of harm, and that harm would stem from the fear evoked from these actions. The court concluded that the defendant was liable for the tort of battery.
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People Involved: Western Union Telegraph Co. v. Hill Year: 1933 Level of Courts: Court of Appeals of Alabama Procedural History: Husband and wife filed this lawsuit on behalf of wife, in the form of assault, from a clock fixer. The trial court dismissed the action and the case was appealed to re-evaluate the case. Facts: Plaintiff’s wife had gone to the defendant’s place of business to pick up a watch that was being fixed for her husband. The defendant appeared to have been in an intoxicated state at the time of the plaintiff’s arrival, nevertheless as the plaintiff’s wife proceeded to the counter to speak to the defendant and questioned about the watch, he proceeded to insinuate some sexual activities between he and the plaintiff in order for the watch to be returned. Issue: Whether the plaintiff could succeed on an action of assault against the defendant? Rule: Assault is satisfied by evaluating (i) intent (ii) the apprehension of imminent contact (ii) harm from this apprehension of non consensual contact. Holding: No, the plaintiff did not satisfy the requisite elements of a assault. Reasoning behind Holding: The court in this case took the circumstances of the situation under the light of what elements were required to proceed with a action of assault. For one, the court held that the defendant was in a considerable distance from the plaintiff, so much so that she could not have perceived his actions to be of imminent harm. The court further explained that given his intoxicated state in conjunction with the distance in which he was reaching, it would have been reasonable to believe that the plaintiff’s wife was more than capable of escaping if not subduing any kind of unwanted contact. However, the court did follow with the charges because they did find that the defendant was acting outside the scope of his responsibilities as an employee, just not under liability for assault.
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People Involved: Big Town Nursing Home, Inc. v. Newman Year: 1970 Level of Court: Court of Civil Appeals for Texas Procedural history: The plaintiff sued a nursing home for false imprisonment. The trial court ruled in favor of the plaintiff and for subsequent damages resulting from the false imprisonment he experienced.
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  • Fall '09
  • Lidsky
  • The Land, Supreme Court of the United States, Appellate court, Trial court

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