Assault

Question 1

Elements of Assault

Answer 1

• Overt physical act by the defendant
• of which the plaintiff is subjectively aware and which is intended to and does create in the plaintiff
• a reasonable apprehension of an imminent contact
  
  • reasonable person in the position of the plaintiff would have an expectation that a battery is about to happen
  • This is an expectation, but not necessarily a fear
  • Defendant doesnt need the ability or desire to carry out the battery
  • Plaintiff must believe battery will occur imminently; without delay

Question 2

Read v. Coker

Answer 2

Facts: Landlord attempted to repossess property. Tenant and workmen rolled up their sleeves and threatened to break the landlord’s neck.

Holdings:
- A verbal threat, without action or gesture towards carrying out the action is not assault.

Notes:
- Modern cases only ask whether reasonable person would have felt danger our threat of physical harm.