Summary
Section 21 defines assault as an act by the defendant that causes the plaintiff to experience a reasonable apprehension of an imminent harmful or offensive contact. Unlike battery, assault does not require actual physical contact—it protects the plaintiff’s interest in freedom from the fear of harmful or offensive touching.
The apprehension must be of imminent contact, not future threats. Words alone are generally insufficient to constitute assault, though words accompanied by an act that creates imminent apprehension may suffice. The apprehension must be reasonable, but the plaintiff need not actually be afraid—awareness of the impending contact is sufficient.
Assault requires that the defendant have the apparent present ability to carry out the threatened contact. Pointing an unloaded gun at someone who reasonably believes it is loaded constitutes assault, because the test focuses on the plaintiff’s reasonable perception, not on the defendant’s actual ability to cause harm.
Key Elements
- 1An act by the defendant creating reasonable apprehension
- 2Apprehension of imminent harmful or offensive contact
- 3Intent to cause apprehension or harmful/offensive contact
- 4Apparent present ability to carry out the contact
- 5Words alone generally insufficient without accompanying act
Practical Application
Assault claims commonly arise in conjunction with battery claims, domestic violence situations, workplace confrontations, and law enforcement encounters. Courts analyze whether the plaintiff’s apprehension was reasonable given the circumstances, including the parties’ relative size, any weapons involved, and the history between the parties.
Exam Relevance
Assault questions test the imminence requirement and the distinction between apprehension and fear. A classic exam scenario: someone threatens future harm (“I’ll get you next week”)—this fails the imminence requirement. Also test whether words coupled with an act can create assault, and whether conditional threats (“If you weren’t my friend, I’d hit you”) negate the apprehension.