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Hi guys,

It's me again. I hope you dont mind another stupid question from me, but I am confused and need to ask.

I dont understand the intent part for the tort of assault. does the defendant have to intend to cause an apprehension of harmful contact, or the mere fact that the plaintiff experienced an apprehension of harmful contact is enough?

I will give you an extreme example to illustrate where I am confused. let's say there is a country where they point a gun to someone's head to say "happy birthday"
it's my birthday today and a person from that country points a gun to my head. he did not mean to cause an apprehension, he was just saying happy birthday. Has that person committed the tort of assault?

unclej wrote:Hi guys,

It's me again. I hope you dont mind another stupid question from me, but I am confused and need to ask.

I dont understand the intent part for the tort of assault. does the defendant have to intend to cause an apprehension of harmful contact, or the mere fact that the plaintiff experienced an apprehension of harmful contact is enough?

I will give you an extreme example to illustrate where I am confused. let's say there is a country where they point a gun to someone's head to say "happy birthday"
it's my birthday today and a person from that country points a gun to my head. he did not mean to cause an apprehension, he was just saying happy birthday. Has that person committed the tort of assault?

Traditional common law = Lack of required specific intent= no assault
This is the "assault = attempted battery" concept. No attempt to actually batter = no assault if you miss.
However,
Under more recent doctrine= D did create a "reasonable apprehension" in V = assault.
So.. here, in this country, the guy did commit assault.
He intended to commit the act.
.... and it would reasonably result in apprehension/fear

So, Two ways to commit assault:
1. Attempted Battery
2. Intentional act to create apprehension/fear (r/p standard)

You should address the split/issue.
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