Assault

Question 1

What are the elements of the tort of assault?

Answer 1

• A direct act
• That is positive and voluntary
• Done intentionally
• Causing a reasonable apprehension of imminent contact

Question 2

What is the key difference between assault and battery?

Answer 2

Battery requires actual contact.

• Assault requires reasonable apprehension of imminent contact — no touching required.

Question 3

What case held that conditional threats may negate assault?

Answer 3

Tuberville v Savage – words like “If it were not assize-time…” can cancel the threat. As it is not imminent, which is required under tort.

Question 4

Can words alone constitute an assault?

Answer 4

Generally no — words alone aren’t sufficient unless paired with actions or context.

• Tuberville v Savage

Question 5

What case demonstrates reasonable apprehension of harm from a weapon?

Answer 5

Brady v Schatzel – pulling a gun caused reasonable apprehension.

Question 6

What if the plaintiff doesn’t see the threat? Can there still be assault?

Answer 6

No. The plaintiff must actually experience the apprehension.

Question 7

Does assault require plaintiff to fear?

Answer 7

Brady v Schatzel held No, it requires reasonable apprehension, not actual fear.

Question 8

What case explores threats that are not literally imminent?

Answer 8

Zanker v Vartzokas – A threat does not need to specify immediate violence if the plaintiff reasonably believes it will occur very soon and has no apparent way to escape.’

test: would a reasonable person in the plaintiff’s position apprehend imminent force?

Question 9

Is assault actionable per se?

Answer 9

Yes. No damage needs to be shown.