Apprehension of imminent harmful or offensive contact

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Reference no: EM133812525

Question

Assault liability involves a defendant intending to create a reasonable apprehension of imminent harmful or offensive contact, causing harm. The intention can be general or specific, met if the defendant knew with substantial certainty (KWSC) that the contact would occur, and transferred intent applies. Apprehension must be objectively reasonable unless the defendant knows of special sensitivities, and the threat must be imminent. Causation requires that the intentional act actually and foreseeably caused contact. Harm includes nominal damages for dignity violations, compensatory for physical or psychological harm, and punitive for malicious conduct, applying the eggshell skull rule, which holds the defendant liable for all damages, foreseeable or not.

Reference no: EM133812525

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