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
| Element | Description |
|---|---|
| Intent | Intended to cause apprehension |
| Reasonable Apprehension | Anticipated imminent contact |
| Imminence | About to occur |
| Present Ability | Apparent ability |
Key Concepts
- Apprehension does not equal Fear: Awareness, not necessarily fear
- Words Alone Insufficient: Need accompanying act
- Unloaded Gun: Apparent ability sufficient