Assault (tort)

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

Tort law I

Part of the common law series
Intentional torts
Assault · Battery
False arrest · False imprisonment
Intentional infliction of emotional distress
Property torts
Trespass to chattels
Trespass to land · Conversion
Detinue · Replevin · Trover
Dignitary and economic torts
Slander and libel · Invasion of privacy
Fraud · Tortious interference
Alienation of affections
Breach of confidence · Abuse of process
Malicious prosecution · Conspiracy
Defenses to intentional torts
Consent · Necessity
Self defense and defense of others
Fair comment (as to slander/libel)
Other areas of the common law
Contract law · Property law
Wills and trusts
Criminal law · Evidence

In common law, assault is the tort of acting intentionally and voluntarily causing the reasonable apprehension of an immediate harmful or offensive contact, coupled with the ability to carry out the contact. Because assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence.

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.

There are 3 qualifications for assault. In general, assault is committed when (1) a harmful threat or offer is made (2) in a situation which creates fear (3) where there is ability to carry out the act if not prevented.

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.