17 Matching Annotations
  1. Last 7 days
    1. purpose – the desire

      Assault requires (both): Defendant intends to cause the plaintiff to anticipate imminent, harmful contact to their person AND (2) Defendant's conduct caused them to anticipate such contact. (Defendant's ACTIONS caused them to think so.)

      **What's intent?

      Intent REQUIRES either: * Purpose (Desire) i.e. they wanted to make the defendant think that they were at risk of imminent harm to their physical person OR * Knowledge **(Substantial Certainty) i.e. they knew with substantial certainty that the defendant was going to think that.

      So...

      • Delaney says she is going to [redacted] and physically moves close to A's person with her arm raised while screaming.
      • A ran from her, believing that D intended to harm her & that she was at imminent risk of D physically attacking her.
      • A starts crying and tells D not to touch her. D says that she is not going to touch her, then chases her down the hallway with her arm raised.
      • D did not touch her. D claims that she was not going to touch her and therefore is not responsible for harm to A.

      Is D liable for assault?

      Test: * D intended to cause A to believe that she was going to attack her. * D raising her fist, making oral threats, and chasing after A caused A to anticipate this contact.

      Is the intent requirement met? * Did D have purpose (desire) to cause A to anticipate imminent harm to her physical person as a result of D's actions? OR * * Did D have knowledge (substantial certainty) that A would genuinely believe such harmful or offensive contact with her person was imminent (Did D knew A would think that D is going to hurt her)?

      Application D DID have knowledge (substantial certainty). (A said this aloud.) * D DID intend to cause A to believe she was going to get physically attacked (whether or not D desired to attack her is irrelevant; D desired [intended] A to believe that she would be).

      ---> Did D's affirmative conduct cause A to anticipate... contact? * D's affirmative conduct DID cause A to anticipate such contact.

      SO: (1) Is met. (2) is met. --> D had knowledge. Intent requirement is met. Therefore: Yes, D is liable for assault.*

      Note

      "The intent to make contact is a requirement for battery, not assault."

      (Ref: Third Restatemnt of Torts. Intentional Torts to Person [Squiggley 105].)

  2. Apr 2022
  3. Jan 2022
  4. May 2021
  5. Dec 2020
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  8. Mar 2020
    1. Directly blocking the vendor scripts (using another prior blocking method), then executing them only after consent has been collected. This method requires more implementation work and it’s a bit slower in terms of execution time, but it allows personalized ads to be served from the first page view (where consent hasn’t been collected yet) and gives you more direct and solid control in regards to ensuring compliance.

      pros:

      • allows personalized ads to be served from the first page view (where consent hasn’t been collected yet)
      • gives you more direct and solid control in regards to ensuring compliance.
  9. Feb 2019
  10. Dec 2016
    1. when you say, "I create my reality," what you are saying is that you are creating an interpretation of what you can experience. If you can only experience this much of life, and it is all your interpretation, then you see your range of perception is very limited. But your Knowledge, which you carry within yourself, is capable of opening your perception completely. Without so much incessant thinking, wondering, asking, pondering, manipulating, planning and scheming, and so forth, the greater part of your mind, your Knowledge, can begin to show you things. It is not difficult to have direct experience. You simply must not be doing anything else.
  11. May 2016
  12. Nov 2013