Homework Written Assignment
Homework Written Assignment
IRAC for Assault
Issue: Is Bob liable for having assaulted Jack?
Rule: An assault is an intentional act that causes a person to reasonably apprehend or fear an immediate or imminent harmful or offensive act or contact against their person or body.
Analysis: Bob committed an intentional act because he flew through the air towards Jack’s direction, possibly with the aim of causing him harm or using some force to prevent Jack from being the first to purchase the 60-inch HD television. Jack must have had a reasonable apprehension or fear of an immediate harmful or offensive contact because, objectively, any reasonable person in his (Jack’s) place would form such an apprehension of harm or offensive contact. Bob’s act of flying- almost menacingly- towards Jack must have led Jack to fear that some form of unnecessary and unwelcome force was likely to be applied to their person or body.
Conclusion: Based on the objective standards of a reasonable person and the fact that Bob made Jack to form an apprehension of harm by him (Bob) flying towards Jack, Bob committed an assault on Jack.
IRAC for Battery
Issue: Did Bob commits battery against Jack?
Analysis: Bob’s act of flying through the air towards Jack constitutes an act which eventually caused Jack harm as he got hit in the side of the head by Bob, leaving him unconscious. The only question is whether or not Bob formed an intention. This intent may be discerned directly from his acts or inferred. Battery is deemed to have been committed where there is application of force with knowledge that one’s force/ act will result in harm to another person. The fact that he went ahead to pull the 60 inch HD television off the shelf and purchased it while leaving Jack on the floor points to an intention to harm Jack and render him unable to get his hands on the TV. Besides, any reasonable person would infer an intention to harm here based on Bob’s actions and omissions.
Conclusion: Therefore, Bob is liable for battery due to the presence of an intention and an act causing injury to another.
