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Pastimes : SEC Investigations /Lawsuits - Let's keep SI stds up
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To: QuietWon who wrote ()3/13/1999 4:59:00 PM
From: QuietWon   of 117
 
Assault - does it apply? says contact need not occur - more notes...

III. Assault (no contact needed; P must be aware of act to be apprehensive)


Assault - D intends to cause H/O contact or imminent apprehension of such contact and the other is thereby put in such imminent apprehension

A. Elements

1. Intent = purpose or knowledge with a substantial certainty that apprehension will occur
2. Imminent = present threat to inflict immediate bodily harm; not future injury
3. Apprehension = fear of harmful or offensive contact; V must know he is being threatened
= person of ordinary sensibilities is measure (reasonable person)

S.21 Assault
(1) Actor is subject to liability to another for assault if
(a) he acts intending to cause harmful or offensive contact with the person of the other, or a third
person , or an imminent apprehension of such a contact, and
(b) the other is thereby put in such imminent apprehension
(2) An action which is not done with the intention in (1,a), does not make the actor liable to the other for an
apprehension caused thereby although the act involves an UNREASONABLE risk of causing it and,
therefore, would be negligent or reckless if the risk threatened bodily harm

S. 29 Apprehension of Imminent & Future Contact
(1) For actor to be liable for an assault, he must put the other in apprehension of imminent contact.
(2) An act intended by the actor as a step toward the infliction of a future contact, which is recognized by
the other, does not make actor liable for an assualt under S.21

B. D intends to cause imminent apprehension of contact and has present ability to harm and P is thereby
put in such apprehension
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