digplanet beta 1: Athena
Share digplanet:

Agriculture

Applied sciences

Arts

Belief

Business

Chronology

Culture

Education

Environment

Geography

Health

History

Humanities

Language

Law

Life

Mathematics

Nature

People

Politics

Science

Society

Technology

In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Because assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence. Actual ability to carry out the apprehended contact is not necessary. In Criminal Law an assault is defined as an attempt to commit battery, requiring the specific intent to cause physical injury.[1]

Comparison to battery[edit]

As distinguished from battery, assault need not involve actual contact; it only needs intent and the resulting apprehension. However, assault requires more than words alone. For example, wielding a knife while shouting threats could be construed as assault if an apprehension was created. A battery can occur without a preceding assault, such as if a person is struck in the back of the head. Fear is not required, only anticipation of subsequent battery.

An assault can be an attempted battery.

Elements[edit]

Three elements must be established in order to establish tortious assault: first, the plaintiff apprehended immediate physical contact, second, the plaintiff had reasonable apprehension (the requisite state of mind) and third, the defendant's act of interference was intentional (the defendant intended the resulting apprehension). But intent for purposes of civil assault can be either general or specific. Specific intent means that when the defendant acted, he or she intended to cause apprehension of a harmful or unwanted contact. General intent means that the defendant knew with substantial certainty that the action would put someone in apprehension of a harmful or unwanted contact.

While the law varies by jurisdiction, contact is often defined as harmful if it objectively intends to injure, disfigure, impair, or cause pain.

The act is deemed offensive if it would offend a reasonable person’s sense of personal dignity.

While imminence is judged objectively and varies widely on the facts, it generally suggests there is little to no opportunity for intervening acts.

Lastly, the state of apprehension should be differentiated from the general state of fear, as apprehension requires only that the person be aware of the imminence of the harmful or offensive act.

Defenses[edit]

Assault can be justified in situations of self-defense or defense of a third party where the act was deemed reasonable. It can also be justified in the context of a sport where consent can often be implied.

References[edit]

  1. ^ Garner, Bryan A. (2011). Black's Law Dictionary. West Group (Law). p. 122. ISBN 0314275444. 

See also[edit]


Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Assault_(tort) — Please support Wikipedia.
This page uses Creative Commons Licensed content from Wikipedia. A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia.
2098 videos foundNext > 

ASSAULT PROJECT - TORT'S - Large

Assault Project - Mod of Tort's - Legal Assisting - March 10, 2013 By: Tara, Veronica, Nydia and Gary Editing By: Lorenzo & Tara Murillo.

Torts lecture: Assault | quimbee.com

A brief excerpt from Quimbee's lecture video on assault. Watch more at https://www.quimbee.com/lectures/12. For just $15/month, you can get access to Quimbee...

GBS 205 Legal Environment - Negligence Tort - Assault - Self-Defense.flv

GBS205 Shortridge An educational video explaining about negligence, assault and battery, and self-defense.

Tort Law-Intentional Torts

intentional torts, assault, battery, meaning of intent in tort law, defamation, defenses to torts.

Teen files lawsuit, tort claim after school bus assault captured on camera

A teenage boy is taking action after police say a 15-year-old student assaulted him on a Franklin Township school bus in August.

Tort Project - Assault and Battery (Created with @Magisto)

Created with Magisto (http://www.magisto.com). Magically turn your everyday videos into beautifully edited movies, perfect for sharing. It's free, quick, and...

Tort Project - Assault and Battery

Fooling around at school with bat.

Caleb Gaff assault, felony battery, intentional tort

Caleb Gaff of Fort Wayne, Indiana intentional tort assaults neighbor with felony battery.

GBS205 Legal-Environment -Torts- Distinction between Assault and Battery

Distinction Between Assault and Battery.

What Is A Tort?

http://www.lawinfo.com/fuseaction/Client.lawarea/categoryid/45 - A tort is a wrongdoing that results in injury to another person or damage to property. Torts...

2098 videos foundNext > 

We're sorry, but there's no news about "Assault (tort)" right now.

Loading

Oops, we seem to be having trouble contacting Twitter

Talk About Assault (tort)

You can talk about Assault (tort) with people all over the world in our discussions.

Support Wikipedia

A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia. Please add your support for Wikipedia!