Assault

Question 1

Elements of Assault

Answer 1

An actor is subject to liability for assault if:
a. he acts intending to cause a harmful or offensive contact with the person of another or a third person, or an imminent apprehension of such contact, and
b. the other is thereby put in such imminent apprehension.

Question 2

The two sides to assault

Answer 2

Bad conduct by the injurer is one side (intent to cause harmful or offensive contact or apprehension thereof) and a bad experience suffered by the victim (the imminent apprehension intended by the injurer).

Question 3

Where is consent?

Answer 3

Note that consent is not expressly included in the elements of the rule, perhaps because imminent apprehension cannot exist where there is consent.

Question 4

Assault and Battery Distinguished

Answer 4

Battery protects people against harmful or offensive contact whereas assault protects people against fear of such contact.

Question 5

Is assault just attempted battery?

Answer 5

No. While an attempted or failed battery is assault. Assault can also simply be threatening harm and causing apprehension of imminent bodily harm.