An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery.
Extenuating circumstances make it impossible for you to complete the course before the end of the semester. In order to receive an incomplete, the student and the instructor must agree to a contract stipulating the work the student must complete and the time in which it must be completed for the student to receive a grade in the class. The contract time varies as set by the instructor but may not exceed one year.
A contract has to be made up of several elements for it to be considered a legally-binding agreement. First, there must be offer and acceptance, or two or more parties agreeing to the terms. Next, both parties must be competent, or free of mental illness. All parties must mutually agree to the terms of the contract. Finally, there must be consideration, or an exchange of one thing of value for another. Our focus is on capacity and how the law views the legality of a contract when one or more of the parties is mentally ill. In the eyes of the law, a contract is voidable if a person is proven to have mental incapacity. Mentally ill can take on a few different diagnoses. One is considered mentally ill if the person suffers from: 1  Schizophrenia.