Torts

Assault

Definition

Assault is an intentional tort involving an act that creates a reasonable apprehension of imminent harmful or offensive contact with the plaintiff's person. Unlike battery, assault does not require actual physical contact — only the apprehension of it. Words alone are generally insufficient; there must be an overt act. The apprehension must be of imminent contact, and the defendant must have the apparent ability to carry out the threat.

Example

A person raises a fist and swings at another, missing by inches. The victim's reasonable apprehension of being struck constitutes an assault.

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