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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

  1. Assault is causing the apprehension of immediate unlawful force.
  2. It does not require any physical contact.
  3. The tort protects a person's mental well-being and freedom from fear of battery.
  4. It is distinct from the tort of battery, which involves the actual application of force.