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Assault (Tort)

Assault is an intentional tort where defendant causes plaintiff to reasonably apprehend imminent harmful or offensive contact, requiring present ability but no actual touching.

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Exam Tip

No contact needed - just reasonable apprehension. Assault = Apprehension, Battery = Body contact.

What is Assault (Tort)?

Assault is intentionally causing reasonable apprehension of imminent harmful or offensive contact.

Essential Elements

ElementDescription
IntentIntended to cause apprehension
Reasonable ApprehensionAnticipated imminent contact
ImminenceAbout to occur
Present AbilityApparent ability

Key Concepts

  • Apprehension does not equal Fear: Awareness, not necessarily fear
  • Words Alone Insufficient: Need accompanying act
  • Unloaded Gun: Apparent ability sufficient

Study This Term In

California Bar Exam

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Related Terms

Battery (Tort)

Battery is an intentional tort requiring harmful or offensive contact with another person without consent, where defendant intended to cause the contact or was substantially certain it would occur.

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