DIFFERENCE BETWEEN ASSAULT AND BATTERY
Assault and Battery: These are torts involving intentional harm.
Battery refers to the intentional and unlawful touching of another person without their consent. Any direct application of force to the person of another individual without his consent or lawful justification is a wrong of battery. To constitute a tort of battery, therefore, two things are necessary:
- use of force, however, trivial it may be without the plaintiff’s consent, and
- without any lawful justification.
Assault involves the intentional creation of fear of an imminent harmful or offensive contact. Assault is any act of the defendant which directly causes the plaintiff immediately to apprehend a contact with his person. Thus, when the defendant by his act creates an apprehension in the mind of the plaintiff that he is going to commit battery against him, the tort of assault is committed. The law of assault is substantially the same as that of battery except that apprehension of contact, not the contact itself has to be established. Usually when there is a battery, there will also be assault, but not for instance, when a person is hit from behind:
- To point a loaded gun at the plaintiff, or
- to shake first under his nose, or
- to curse him in a threatening manner, or
- to aim a blow at him which is intercepted, or
- to surround him with a display of force
| Aspect | Assault | Battery |
|---|---|---|
| Definition | An act that creates a reasonable apprehension of immediate harm or offensive contact in another person. | Actual physical contact with another person that is harmful or offensive. |
| Nature of Conduct | Psychological or mental harm, creating fear or apprehension. | Physical harm or offensive contact. |
| Contact | Does not require physical contact, just the apprehension of it. | Requires physical contact, whether or not it is intended to be harmful. |
| Intent | Requires intent to cause apprehension or fear. | Requires intent to make contact, which may or may not be harmful. |
| Example | Pointing a gun at someone without firing it. | Hitting someone or touching them in an offensive manner. |
| Legal Focus | On the perception and fear experienced by the plaintiff. | On the actual physical contact and its nature. |
| Consequences | Can lead to damages for emotional distress and fear. | Can lead to damages for physical harm and offensive contact. |
