Tom owes Spike $500 for a loan Spike gave Tom. After six months, Spike goes to Tom’s house and tells Tom that if he doesn’t pay his debt within one week, Spike is going to break Tom’s legs. In an action against Spike for Assault, Tom will probably: Win, because Spike threatened Tom Win, because Tom is afraid of Spike Lose, because the threat of contact is not imminent Lose, beause there was no Volitional Act

In order for there to be an assault, the Plaintiff must have ____________of the act. In other words, he needs to be aware that he is being threatened.

Tom owes Spike $500 for a loan that Spike gave Tom. Late one night, Spike sees Tom walking down the street and goes over to confront Tom about the outstanding debt. Spike pulls out a loaded gun, points it at Tom and tells Tom that if he doesn’t repay his loan in the next thirty seconds, Spike is going to shoot Tom. Tom believes that Spike's gun is loaded and he believes that Spike will shoot. However, Tom is wearing a bulletproof vest and is not afraid of Spike shooting at him. In an action against Spike for assault, Tom will probably: Win, because Spike threatened Tom with imminent contact Lose, because Tom was not afraid of the threatened contact Win, because carrying a gun is illegal Lose, because Tom owes Spike money

Tom owes Spike $500 for a loan that Spike gave Tom. Late one night, Spike sees Tom walking down the street and goes over to confront Tom about the outstanding debt. After the argument, Tom turns his back on Spike and begins to walk away. Spike picks up a rock and throws it at Tom. The rock misses Tom and Tom never sees the rock coming toward him. In an action against Spike for assault, Tom will probably: Win, because Spike threatened Tom with imminent contact Lose, because Tom was not aware of the threatened contact Win, because carrying a gun is illegal Lose, because Tom owes Spike money

© 2003 - 2024 National Paralegal College