Top 4 Supplements for 1L Torts:
Picard v. Barry Pontiac-Buick, Inc.
Rule
Assault: A physical act | of a threatening nature| [or] an offer of corporal injury | {which} puts an individual | in reasonable fear | of imminent bodily harm
• Requires apprehension, you can batter someone without placing them in reasonable fear of imminent harm
Plaintiff has to prove lack of consent.
What if she had instead swung the camera at his head after he touched the camera.
Self defense must be of reasonable force.
Prima Facie:
at first appearance; at first view, before investigation.
plain or clear; self-evident; obvious.
Imminent: Without undue delay
Fear of imminent bodily harm, apprehension of imminent bodily harm
Cane, clothing, close to the body are considered part of the body
– Camera is a bit of a stretch. Touching the camera is like touching her body even if very gentle
Is the touching offensive to a reasonable sensibility?
The offender mut know of the sensitivity and be seeking to exploit that sensitivity
Touching the camera is not a factor in the Assault, it is the mere presence of imminent bodily harm that satisfys the assault requirement
What if woman was 6’5″ blackbelt and he was 5’2″ pipsqueak?
– Yes, still assault, because she would still be apprehensive of the physical contact.
– Must be reasonable apprehension of contact. The farther away you are when you lunge at someone, the reasonableness declines sharply
Boderline Issues
A conditional threat cannot be an assault
An asssault MUST be imminent
Must assert a reasonable apprehention
Reasonable fear of imminent bodily harm (Look to see how courts in your jurisdiction have ruled on this)