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Assault in tort

Assault in tort

by Sumaya Khanom -
Number of replies: 0

Assault in tort is defined as the threat of an imminent and intentionally-caused harmful or offensive contact with another person, which causes reasonable apprehension of the contact in that person.

The key elements of assault in tort are:

1. The defendant intentionally caused an act that resulted in a threat of harmful or offensive contact with the plaintiff.
2. The plaintiff was aware of the threat and had reasonable apprehension that the contact would occur.
3. The plaintiff did not give consent to the contact.

For example, if someone pointed a loaded gun at another person, threatening to shoot them, it could be considered an assault. In this case, the victim was aware of the threat and had reasonable apprehension that they would be shot, even though the gun did not actually discharge.

It's important to note that in this context, "assault" refers to the threat of physical harm, not the actual physical contact itself. If the defendant follows through with the threatened contact, it may be considered battery, which is a separate tort in tort law.