Assault is an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of a battery on him by the defendant. Comment and distinguish between assault and battery.

Assault: A Threat of Harm

Assault, in legal terms, is not the physical act of violence itself, but rather the act of creating a reasonable apprehension in another person that they are about to be subjected to a battery. This means the plaintiff must genuinely believe that immediate harmful or offensive contact is imminent. Several elements must be present to establish assault:

• Intent: The defendant must intend to cause a reasonable apprehension of harm.
• Apprehension: The plaintiff must actually experience a reasonable apprehension of immediate harm. It’s not enough that the defendant *intended* to cause fear; the plaintiff must *feel* it.
• Imminent Harm: The threatened harm must be immediate. A threat of harm in the distant future does not constitute assault.
• Reasonableness: The apprehension must be reasonable given the circumstances.

For example, pointing a loaded gun at someone, even without pulling the trigger, can constitute assault because it creates a reasonable apprehension of imminent battery. However, a vague threat made days prior, without any immediate indication of harm, would likely not be considered assault.

Battery: The Actual Infliction of Harm

Battery, unlike assault, involves the actual physical contact with another person. This contact must be harmful or offensive, and it doesn’t necessarily require physical injury. Battery is defined as the intentional infliction of harmful or offensive contact upon another person without their consent. The key elements of battery are:

• Intent: The defendant must intend to cause the contact. This doesn’t necessarily mean intending to cause harm, but intending to cause the contact itself.
• Contact: There must be actual physical contact with the plaintiff’s person. This can include contact with something closely connected to the person, such as clothing or an object they are holding.
• Harmful or Offensive: The contact must be either harmful (causing physical injury) or offensive (violating a reasonable sense of dignity). What constitutes “offensive” is judged by an objective standard – would a reasonable person find the contact offensive?
• Lack of Consent: The contact must be without the plaintiff’s consent.

An example of battery would be intentionally punching someone, even if the punch doesn’t cause serious injury. Similarly, unwanted kissing can constitute battery if it is considered offensive.

Distinguishing Assault from Battery: A Comparative Table

Feature	Assault	Battery
Definition	An act causing reasonable apprehension of imminent battery.	Intentional infliction of harmful or offensive contact.
Harm	No actual physical harm required.	Actual physical contact required.
Focus	Threat of harm.	Actual harm.
Mental State	Intent to cause apprehension.	Intent to cause contact.
Example	Raising a fist as if to strike.	Actually striking someone.

Relationship Between Assault and Battery

While distinct, assault and battery often occur together. For instance, raising a fist (assault) followed by punching someone (battery) constitutes both torts. However, they can also occur independently. Someone could commit battery without assault (e.g., secretly poisoning someone) and assault without battery (e.g., threatening someone with a weapon but not actually making contact). The legal consequences for each tort can vary depending on the severity of the harm and the jurisdiction.

Defenses to Assault and Battery

Several defenses can be raised against claims of assault and battery, including:

• Self-Defense: Using reasonable force to protect oneself from imminent harm.
• Defense of Others: Using reasonable force to protect another person from imminent harm.
• Consent: The plaintiff voluntarily consented to the contact.
• Necessity: The act was necessary to prevent a greater harm.