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For other uses of the term "Assault", please see Assault (disambiguation).

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Tort law

Part of the common law series

Intentional torts

Assault · Battery False imprisonment Intentional infliction of emotional distress (IIED) Consent · Necessity Self defense

Property torts

Trespass (land · chattels) Conversion Detinue · Replevin · Trover

Dignitary torts

Defamation · Invasion of privacy False light · Breach of confidence Abuse of process Malicious prosecution Alienation of affections

Economic torts

Fraud · Tortious interference Conspiracy · Restraint of trade

Nuisance

Public nuisance Rylands v. Fletcher

Negligence

Duty of care · Standard of care Proximate cause · Res ipsa loquitur Calculus of negligence Rescue doctrine · Duty to rescue

Specific types Negligent infliction of emotional distress (NIED) Employment-related · Entrustment Malpractice (legal · medical)

Duty to visitors

Trespassers · Licensees · Invitees Attractive nuisance

Strict liability torts

Product liability Ultrahazardous activity

Liability, defences, remedies

Comparative / contributory negligence Last clear chance · Eggshell skull Vicarious liability · Volenti non fit injuria Ex turpi causa non oritur actio Neutral reportage · Damages Injunction

Other common law areas

Contract law · Property law Wills, trusts and estates Criminal law · Evidence

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In common law, assault is the tort of acting intentionally and voluntarily causing the reasonable apprehension of an immediate harmful or offensive contact. Because assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence. It is important to note that actual ability to carry out the apprehended contact is not necessary: an assault can take place with a toy gun, for example.

As distinguished from battery, assault need not to involve actual contact—it only needs intent and the resulting apprehension. For example, wielding a knife can be construed as assault if a fearful situation was created.

While the law varies by jurisdiction, contact is often defined as "harmful" if it objectively intends to injure, disfigure, impair, or cause pain. The act is deemed "offensive" if it would offend a reasonable person’s sense of personal dignity. While "imminence" is judged objectively and varies widely on the facts, it generally suggests there is little to no opportunity for intervening acts. Lastly, the state of "apprehension" should be differentiated from the general state of fear, as apprehension requires only that the person be aware of the imminence of the harmful or offensive act.

Assault can be justified in situations of self-defence or defence of a third party where the act was deemed reasonable. It can also be justified in the context of a sport where consent can often be implied.

References

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