Assault (tort)

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In common law, assault is a tort that deliberately acts, ie with general or specific intent, leading to a reasonable understanding of dangerous or offensive direct contact. Because an attack requires intent, it is considered a deliberate violation, as opposed to an act of neglect. The actual ability to make a captured contact is not necessary. In Criminal Law, an attack is defined as an attempt to perform a battery, which requires special intent to cause physical injury.

Video Assault (tort)

Comparison with battery

As distinguished from the battery, attacks need not involve actual contact; it just requires the intention to make or threaten the contact and the fear it causes. However, the attack requires more than words. For example, holding a knife while shouting a threat can be interpreted as an attack if an understanding is made. Fear is not required for an attack to occur, just anticipation of the next battery.

Batteries can occur without previous attacks, such as if a person is hit in the back of the head. Attacks can be a battery business.

Maps Assault (tort)

Element

Three elements must be set up to form a cruel attack: first, there must be a positive action by the defendant; secondly, the plaintiff has a reasonable understanding (state of mind required) of direct physical contact, and third, the intentional interrogation of the defendant (the defendant intends to inflict fear). But the intent for the purpose of civil assault can be general or specific. The specific purpose means that when the accused acts, he intends to cause the capture of harmful or unwanted contacts. The general intent means that the defendant knows with great certainty that the act will put a person in the understanding of a dangerous or unwanted contact.

Although the law varies according to jurisdiction, contact is often defined as dangerous if it objectively intends to injure, vilify, damage, or cause pain.

It is considered offensive if it will offend someone who makes sense from personal dignity.

While instant is assessed objectively and varies widely on facts, it generally indicates there is little or no chance for intervention.

Lastly, the state of fear must be distinguished from the general state of fear, since understanding only requires that the person is aware of immediate dangerous or offensive actions.

In Australia, tests to prove a cruel attack are formulated as requiring 'proof of intent to create another person understanding of dangerous or urgent offensive contacts' .

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Defense

Assault may be justified in defending or defending third parties where such conduct is deemed fair. This can also be justified in the context of sports where approval may be given or implied. An offensive action can also be privileged, meaning that the person carrying the attack has the legal right to do so and can not be sued, which may happen if a policeman withdraws his weapon to a criminal suspect. Lastly, automatism (for example, sleepwalking) acts to negate the element of intent when a person acts during sleep does not act voluntarily.

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References

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See also

• Assault
• Battery (crime)
• Battery (tort)

Source of the article : Wikipedia