Assault as an Intentional Tort

Learn what assault means in tort law and how it differs from battery and ordinary threats.

Assault is an intentional act that causes another person to reasonably expect immediate harmful or offensive contact.

Why It Matters

This tort matters because civil liability can arise even before physical contact happens. The law protects people from immediate threatened invasions of bodily security, not just from completed harm.

Where It Appears

Assault appears in civil disputes involving threats, attempted attacks, confrontations, and other conduct creating a reasonable fear of immediate contact.

Practical Example

A person raises a fist and lunges toward someone in a way that makes immediate impact seem likely. Even if no blow lands, that conduct may support an assault claim.

How It Differs From Nearby Terms

Battery requires actual harmful or offensive contact. Assault focuses on the reasonable anticipation of that contact. False imprisonment is different because it concerns confinement rather than threatened contact.

Knowledge Check

  1. Can there be assault without physical contact? Yes. Assault can exist if the defendant causes reasonable anticipation of immediate harmful or offensive contact.
  2. How does assault differ from battery? Assault is about threatened immediate contact, while battery requires actual contact.