Assault in tort law protects people from the fear of imminent harm. It occurs when someone intentionally creates apprehension of immediate harmful contact in another person, even if no physical contact happens.

To prove assault, the victim must be aware of the threat and reasonably expect imminent contact. Intent is key - the defendant must mean to cause apprehension, though transferred intent can apply if they scare the wrong person.

Assault in Tort Law

Components of assault tort

• Voluntary act by the defendant creates apprehension in the plaintiff
• Defendant must intend to cause apprehension of imminent harmful or offensive contact (pointing a gun at someone)
• Plaintiff must be aware of the imminent threat and anticipate the contact (seeing the gun pointed at them)
• No physical contact necessary for assault to occur (pointing a gun without firing)
• Transferred intent applies defendant's intent to cause apprehension to one person transfers to the actual victim (aiming a gun at person A but causing apprehension in person B)

Apprehension of imminent contact

• Plaintiff must anticipate imminent harmful or offensive contact based on defendant's actions
• Imminence requires the threatened contact to be immediate or about to occur (raising a fist to strike)
• Future threats or conditional threats generally insufficient to satisfy imminence (threatening to hit someone next week)
• Apprehension determined by objective reasonable person standard considering plaintiff's situation (would an average person anticipate imminent contact?)
• Plaintiff need not experience fear but must apprehend the imminent contact (realizing a punch is about to land)
• Words alone without threatening actions usually insufficient to create apprehension (verbal threats without physical gestures)

Assault vs battery in tort law

• Assault threat of imminent harmful or offensive contact battery actual harmful or offensive contact
• Assault requires apprehension of imminent contact battery does not require awareness of the contact
• Assault protects plaintiff's mental well-being and freedom from fear of imminent contact (threatening gestures causing emotional distress)
• Battery protects plaintiff's physical well-being and bodily integrity (unwanted touching causing physical injury)
• Damages for assault may include emotional distress and mental anguish (compensation for fear and anxiety)
• Damages for battery may include physical injuries pain and suffering and medical expenses (compensation for bodily harm and treatment costs)

Intent in assault claims

• Defendant must intend to cause apprehension of imminent harmful or offensive contact
• Substantial certainty intent inferred if defendant's actions are substantially certain to cause apprehension (firing a gun into a crowd)
• Specific intent to cause apprehension not required intent to cause the act creating apprehension is sufficient (intentionally swerving a car toward a pedestrian)
• Transferred intent applies defendant's intent to cause apprehension to one person transfers to the actual victim (throwing an object at person A but causing apprehension in person B)
• Mistake or accident may negate intent if defendant's actions unintentional and not substantially certain to cause apprehension (accidentally knocking over a vase near someone)
• Intoxication or mental incapacity may negate intent if defendant unable to form requisite intent due to their condition (lacking mental capacity to understand consequences of actions)