Assault refers to the threat to harm or apply force to another person with the present ability to carry out the threat. Any act which makes another person to fear the immediate application of unlawful force qualifies as assault.
Assault refers to the threat to harm or apply force to another person with the present ability to carry out the threat. Any act which makes another person to fear the immediate application of unlawful force qualifies as assault.
The elements which a plaintiff must show in a claim for the tort of assault are the following:
As a general rule, words alone do not amount to assault. To amount to an assault, the intention to apply force to the plaintiff must be shown by some action or gesture, however slight or subtle and not just in words or speech. A gesture alone may amount to assault. Similarly, a gesture coupled with words commonly amount to assault. On the other hand, words alone may amount to assault. This is so, for often a thing said is a thing done. Words often put a person in fear of personal violence. Thus, as an exception, whenever words of threat put a person in reasonable expectation of fear, there is assault.