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Assault Notes

Law Notes > Intentional Torts Notes

This is an extract of our Assault document, which we sell as part of our Intentional Torts Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Intentional Torts Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

TRESPASS


TO

THE

PERSON:


ASSAULT

20 |

INTENTIONAL

TORTS

ASSAULT

A

direct

threat

by

the

defendant

that

places

the

plaintiff

in

reasonable


apprehension

of

imminent

contact

with

her

or

his

person

caused

by

the

defendant


or

some

person

or

thing

under

the

defendant's

control

-

Rixon

v

Star

City

Casino

*

There

is

no

need

for

an

actual

injury,

however

if

there

is

an

injury,

it

will


increase

the

damages

Considerations:

1. Is

there

a

direct

and

intentional

physical

threat

by

the


defendant?

2. Does

the

plaintiff

reasonably

apprehend

immediate

physical


contact


a. What

is

the

plaintiff's

state

of

mind?


b. Is

the

plaintiff's

apprehension

reasonable

in

the


circumstances?


INTENTIONAL

TORTS

|

21

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