Assault

Question 1

When does assault occur?

Answer 1

When ∆ intentionally places plaintiff in reasonable apprehension of an imminent battery

Question 2

Elements of assault

Answer 2

Defendent must:

1. Act with intent
2. To place plaintiff in reasonable apprehension
3. of an imminent battery (harmful or offensive contact)

Question 3

To prove assault, defendant must:

Answer 3

1. Act with desire to place plaintiff in apprehension of an imminent battery; OR
2. Know that apprehension was substantially certain to result

Question 4

Awareness of reasonable apprehension

Answer 4

Plaintiff must be aware of the imminent battery that is about to occur

Question 5

Imminence

Answer 5

For an assault to take place: the battery must have the ability to be carried out instantaneously