Assault:
· Definition:
o Intent:
§ To cause offensive or harmful contact, or
§ To cause apprehension of such contact.
o Another person is put in apprehension that such contact will occur imminently.
· Special Rules:
o Doctrine of Transferred Intent: intent need not be directed at P (P must feel apprehension for himself).
o Nature of Threat:
§ Must be imminent
§ Must be aware of threat
§ Threat that can be avoided by agreeing to an unlawful act is assault.
§ Fear not required! Only apprehension. (May not be afraid but contact still offensive.)
§ Apprehension need not be of contact caused by D. (“a snake is behind you!”)
§ Words alone usually not sufficient, unless put P in apprehension of imminent contact.
§ D need not be able to carry out act as long as apprehension exists.
Battery:
· Definition:
o Intent:
§ To cause offensive or harmful contact, or
§ To cause apprehension of such contact.
o Intended person or another p
nt:
§ Can be had by mentally incompetent person or a child.
§ Cannot be reflexive or involuntary.
§ Good intentions, lack of actual harm, and beneficial results are not a defense if a reasonable sense of personal dignity would be offended. (i.e.: motives are irrelevant)
§ ? if contact that was known to be offensive to a person with an abnormally heightened sensitivity would qualify as battery.
o Nature of Act:
§ Must be affirmative rather than an omissions (blocking door).
§ May be indirect.
o Nature of the Contact:
§ Criteria is that of an act that would be offensive to a reasonable sense of personal dignity.
§ P need not be aware of contact (unlike assault!)
§ Need not be with person of P but simply with something intimately, closely or customarily is associated w/ P’s person. (vague rule)
False Imprisonment:
