ACCT352 Midterm: Exam 2 Short Answer
21 Dec 2018
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Intent to cause physical injury need not exist, just the threat. Reasonable apprehension is judged from perspective of reasonable person. No physical injury or actual physical contact. Threat of future harm is not assault because future harm is not imminent harm. Physical contact may be direct or indirect. Transferred intent: intent of tortfeasor was transferred when he intends to harm person a but. Injured person need not be aware of the harmful/offensive conduct unintentionally harms person b as well. Defendant made an untrue statement of fact about plaintiff. Statement was intentionally or accidentally published to a third party. If plaintiff is a public figure must prove actual malice -- defendant knew the statement was false or acted with reckless disregard of the truth or falsity of the statement. Truth is an absolute defense for defamation. Absence of malice -- public figure case.
