Question
Legal Studies Question on Jurisprudence
Pick the most inappropriate statement from the following
It is for the defendant to plead and prove justification and not for the plaintiff to show that the defendant’s conduct was unreasonable in cases of trespass to person.
Damage is not an essential element and need not be proved by the plaintiff in cases of trespass to person.
The intention as well as the act makes an assault and the actual contact is necessary.
If the wrongful act falls short of actual physical contact, but causes a reasonable apprehension that the party threatening intends immediately to offer violence, it will be an assault.
The intention as well as the act makes an assault and the actual contact is necessary.
Solution
The correct option is (C): The intention as well as the act makes an assault and the actual contact is necessary.