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Guilty: Harmful Or Offensive Conduct

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Dan is not liable for assault because although his actions constitute an offensive contact, Pauline was not apprehending an imminent offensive contact; however, Dan is liable for battery because he intended to cause an offensive contact and the offensive contact occurred.
A person is liable for a battery when they intend to cause a harmful or offensive contact and said harmful or offensive contact occurs. Additionally, a person is liable for assault if they intend to cause reasonable apprehension of imminent harmful or offensive contact and said reasonable apprehension of imminent harmful or offensive contact occurs.
For Pauline’s first claim of assault to be valid, she must prove she exhibited reasonable apprehension of imminent harmful or...

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