Assault under Tort Law
What is Assault?
Assault is an act that creates a reasonable apprehension or fear in a person of imminent harmful or offensive contact.
It is essentially an attempt or threat to cause physical harm, even if no physical contact occurs.
The key element is the fear or anticipation of harm, not necessarily actual injury.
Key Elements of Assault
Intentional Act or Threat
The defendant must intentionally do something that causes fear of harm.
Apprehension of Imminent Harm
The victim must reasonably believe that harmful or offensive contact is about to happen immediately.
No Consent
The act is without the consent of the victim.
No Actual Physical Contact Needed
Assault can occur even if no contact happens — just the threat or attempt suffices.
Assault vs Battery
| Assault | Battery |
|---|---|
| Threat or attempt to harm | Actual physical contact |
| Creates fear or apprehension | Causes harmful/offensive contact |
| No contact necessary | Contact necessary |
Examples of Assault
Raising a fist as if to punch someone, causing them to fear being hit.
Swinging a weapon near someone threateningly, causing fear.
Verbally threatening immediate harm, if accompanied by an overt act creating fear.
Legal Significance
Assault is a tort and a criminal offense.
Victims can sue for damages in tort.
Assault is punishable under criminal law (e.g., IPC Section 351 for criminal assault in India).
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