9084 · 4.3.1
Assault
**Assault** (4.3.1) opens trespass to the person. Stress **immediate** apprehension of **unlawful** force — distinguish clearly from **battery** (actual contact).
Need to know
What you need to know
- Assault is causing the apprehension of immediate unlawful force.
- It does not require any physical contact.
- The tort protects a person's mental well-being and freedom from fear of battery.
- It is distinct from the tort of battery, which involves the actual application of force.
Explanation
Assault
- Assault is causing the apprehension of immediate unlawful force.
- It does not require any physical contact.
- The tort protects a person's mental well-being and freedom from fear of battery.
- It is distinct from the tort of battery, which involves the actual application of force.