Restatement (Second) of Torts · Section § 18
Section 18 addresses the concept of liability for the tort of assault, outlining what constitutes an offensive contact that creates reasonable apprehension of harm.
Source: Restatement Restatement (Second) of Torts § § 18
An actor is subject to liability to another for assault if the actor intentionally causes the other to apprehend an imminent harmful or offensive contact with the person of the other.
Section 18 defines assault in tort law as the act of intentionally causing someone to reasonably fear immediate harmful or offensive contact. It does not require that actual contact occur, only the apprehension of such contact.
Apprehension must be reasonable and imminent for liability to exist.
The actor's intent and the resulting fear of immediate harm are crucial elements.
Illustration 1
A raises a fist in a threatening manner towards B, causing B to fear being struck; this constitutes assault.
Illustration 2
A throws a rock at B that barely misses; even if the rock did not hit B, the act is likely to cause reasonable apprehension of imminent harm.
This case illustrated the principle that fear of imminent harm can constitute an assault even without physical contact.
Understanding § 18 is vital for both plaintiffs and defendants in tort cases involving claims of assault, as it clarifies the necessary elements for establishing liability. This section ensures that victims' fear of harm is recognized under the law, even in the absence of physical violence.