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What is the definition of assault?
- 1) an intentional, overt act
- 2) that leads another
- 3) to experience a reasonable apprehension of imminent battery
Is transferred intent sufficient in proving assault?
Yes. Transfered intent can act as the requisite intent.
Can words serve as the overt act required for an assault?
No on their own.
- Words associated with conduct or circumstances may be enough though.
- T says he wants to kill U, pulls out a gun, and points it at U. In this case, words + actions = overt act.
In determining whether there has been an assault, does "reasonable apprehension" of imminent battery require the victim to feal fear of the battery?
- No. "Apprehension" does not equal "fear."
- The victim need only be aware of the imminent battery.
What standard is applied in determining whether apprehension of imminent battery is reasonable or not for an assault?
- Reasonable person
- P's apprehesion is reasonable where O points a realistic looking toy gun at P even tho the gun is actually a toy.
- However, P's apprehesion is not reasonable where O points a bright green plastic toy gun at P.
What qualifies as an "imminent" battery in proving an assault?
An immediate harm. Can't be a threat of future harm.
Must the victim of assault show actual harm to collect damages?
What type of damages may a victim of assault seek?
Punitive, where defendant acted with malice.