Assault

Definition

Assault is a tort that involves an intentional act that creates a reasonable apprehension of imminent harmful or offensive contact in another person. It is a key legal concept in the context of both important business laws and regulations as well as intentional torts and negligence.

5 Must Know Facts For Your Next Test

1. Assault does not require actual physical contact, but only the reasonable apprehension of such contact.
2. The intent required for assault is the intent to create the apprehension of harmful or offensive contact, not the intent to actually make contact.
3. Assault can occur through words, gestures, or actions that would cause a reasonable person to fear imminent harmful or offensive contact.
4. Assault is considered an intentional tort, meaning the defendant must have acted with the intent to cause the plaintiff's apprehension of harmful or offensive contact.
5. Assault is a key concept in both business law and tort law, as it can arise in a variety of business and commercial contexts.

Review Questions

• Explain how the tort of assault differs from the tort of battery in the context of business law and regulations.
  • The key difference between assault and battery is that assault involves the creation of a reasonable apprehension of imminent harmful or offensive contact, while battery involves the actual harmful or offensive touching of another person. In the business context, an employee who threatens a customer with physical harm would be committing the tort of assault, even if no physical contact occurred. In contrast, an employee who physically shoves a customer would be committing the tort of battery. Both torts can have significant legal and regulatory implications for businesses, as they can expose the company to liability for the actions of its employees.
• Describe how the concept of assault may arise in the context of intentional torts and negligence in a business setting.
  • Assault can be considered an intentional tort, as it requires the defendant to have acted with the intent to cause the plaintiff's apprehension of harmful or offensive contact. In a business setting, this could involve an employee threatening a customer or co-worker with physical harm, even if no actual contact occurs. Assault can also be relevant in the context of negligence, as a business may be held liable for the negligent actions of its employees that create a reasonable apprehension of harm in others. For example, if a business fails to properly train its security guards, and they end up making threatening gestures towards customers, the business could be liable for the negligent creation of an assault.
• Analyze how the legal concept of assault may impact a business's policies, procedures, and risk management strategies.
  • The legal concept of assault can have significant implications for a business's policies, procedures, and risk management strategies. Businesses must ensure that their employees are trained to avoid actions or behaviors that could be perceived as threatening or create a reasonable apprehension of harm in customers, clients, or other stakeholders. This may involve implementing clear policies on acceptable conduct, providing conflict resolution training, and developing robust security protocols. Additionally, businesses should have comprehensive risk management strategies in place to identify and mitigate the potential for assault-related incidents, which could include liability insurance, incident reporting procedures, and emergency response plans. By proactively addressing the legal risks associated with assault, businesses can protect themselves, their employees, and their customers, and maintain a safe and professional working environment.

Related terms

Battery: Battery is a tort that involves the actual harmful or offensive touching of another person without their consent.

Intentional Infliction of Emotional Distress: Intentional Infliction of Emotional Distress is a tort that involves extreme and outrageous conduct that intentionally or recklessly causes severe emotional harm to another person.

Negligence: Negligence is a tort that involves the failure to exercise reasonable care, resulting in harm to another person.