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15.3
Assault, UNLESS: - Coggle Diagram
15.3
Assault
EXAMPLE
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If A points a gun at B, he has committed an assault
If A's aim is poor & misses B, there will be no battery, only actionable assault
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Unlike battery:
Wrong of assault doesn't lie in unwanted physical contact, but in anticipation of such contact
Tort of assault is committed:
- where defendant's actions cause claimant to reasonably apprehend direct & immediate infliction of force upon their person
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- assailant changes their mind, or
- misses their target
- a third party intervenes
= the immediate anticipation of a battery (an assault) will be followed by a battery (actually being hit)
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