Submitted by: Submitted by hexusnick
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Date Submitted: 01/07/2016 03:38 PM
Student ID# 133309
Nicole Martin
First Year Tort Essay Exam I
Art v. Charlie
Charlie assault Art?
The elements of assault are a volitional act to cause apprehension of immediate harmful and/or offensive contact. Volitional act is when a person commits any action voluntarily. Here, Charlie clearly acted voluntarily when he walked up to Art stating, “I am going to kill you” and aiming a gun at Art.
Charlie have intent?
The elements of intent are satisfied when the defendant must desire or be mostly certain that the action will cause the apprehension of immediate harmful or offensive contact. Clearly Charlie intended to cause an offensive contact when he approached Art and Bill aiming a gun stating he would kill Art, and Art would be reasonably apprehensive that he would be shot.
Art apprehensive?
Apprehension is satisfied when the victim perceives that harmful or offensive contact is about to happen to him. Charlie very clearly placed Art in apprehension of being killed by him, by pointing a gun at him and stated he would shoot him.
All the elements of assault are satisfied with Charlie’s actions and Art would be able to recover from Charlie for assault.
Defenses?
Charlie would not have any defenses to the assault charge since he intentionally committed the assault on Art.
Battery committed against Charlie?
Battery specifically occurs when the defendant’s actions intentionally cause harmful or offensive contact with the plaintiff.
Charlie intend to commit battery?
Battery requires that the defendant intend to cause a harmful or offensive contact. Charlie clearly had intention since he walked up to Art, pointed a gun, stated “I am going to kill you”, and fired the gun at Art.
Offensive contact between Charlie and Art?
Battery requires harmful or offensive contact, to include a person’s psyche. The offensive/harmful contact does not require actual touching of the person’s body; the victim merely has to...