#6552 - Assault - Intentional Torts

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