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3.13-1  Assault

Revised to January 1, 2008

The plaintiff alleges that the conduct of the defendant constituted an assault.

An assault is an act that causes another person to be placed in imminent apprehension of a harmful or offensive contact with that person.

The plaintiff must have believed that the act would result in imminent contact unless prevented by self-defensive action or flight or the intervention of some outside force.

A harmful contact is one that causes physical impairment of the condition of another's body, physical pain, or illness.  An offensive contact is one that offends a reasonable sense of personal dignity.

The act must be done by the defendant intentionally, wantonly, or without the exercise of due care.

Authority

Sansone v. Bechtel, 180 Conn. 96, 99 (1980); 2 Restatement (Second), Torts §§ 15, 19, 21, 24 (1965).

For additional discussion, see the note appended to Battery, Instruction 3.13-2.
 


 

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