How Assault is different from Battery? |What does assault battery mean?| Law of Torts|CS Payal Popli

Assault

In common law, assault is a tort, an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of a battery on him by the defendant. When the defendant creates his act by an apprehension in the mind of the plaintiff that he is going to commit battery against the plaintiff, the wrong of assault is completed. The wrong consists of an attempt to do harm rather than the harm being caused thereby. In assault charges must include conduct that is offensive which is offensive or causes another person to the fear of their safety. This clearly means that one can be guilty of assault even if he/she did not physically harm the victim. In the case of R. v. S. George, the pointing of loaded gun to another is an assault. If the pistol is not loaded, then even it may be an assault, if pointed at such a distance that it may cause injury. if a person advances the manner of threatening to use force , then there is assault. This was decided in the case of Stephens v. Myers.

Difference between Assault and Battery

Definition
Assault is the attempt to commit battery.
Battery includes intentional application of force to another person without any lawful justification.

Important aspect
Threat of violence is enough for assault. No physical contact is necessary.
Physical contact is needed.

Principle
Create reasonable apprehension in the plaintiff’s mind that immediate force will also be used.
· There should be use of force.
· The same should be, without any lawful justification.

Objective
To threaten a person.
To cause harm.

Nature
Not necessarily physical.
Must be physical.Difference between Assault and Battery

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