Wednesday, September 26, 2012

Assault


1.      ʃ 21. Assault
a.       Actor is subject to liability to another for assault if:
                                                              i.      Actor intends harmful or offensive contact w/ another, or an imminent apprehension of such a contact, AND
                                                            ii.      The other is put in such imminent apprehension
b.      An action which is not done with the intention stated in Subsection (a) does not make the actor liable, even if the act causes an apprehension
c.       Assault is made to protect people’s personal integrity
2.      ʃ 22. Attempt Unknown to Other
a.       Apprehension must be present for assault. If the attempt of the act is unknown to other, no assault exists.
3.      ʃ 24. What Constitutes Apprehension
a.       Fear is not a requisite for assault. Knowledge of imminent harm or offense is the requisite
4.      ʃ 28. Apprehension of Unintended Bodily Contact
a.       If the actor only intends apprehension of bodily contact, and not actual harmful or offensive contact, then the actor is still liable for assault
5.      ʃ Character of Intent Necessary
a.       ex. As C points a gun at B and threatens to shoot, A comes into the line of fire. A apprehends imminent danger. C is liable to A and B for assault

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