Quick Tip: Fear, Intimidation, and Apprehension in Tort Assault
As the Halloween chills set in, let’s clear up some confusion about assault in tort law. While the holiday is all about fear and intimidation, the legal concept of apprehension in assault is not!
When we talk about tort assault, we're dealing with a much different meaning of "apprehension." Apprehension does not mean fear or intimidation. Instead, it’s about expectation or awareness of an immediate harmful or offensive contact. For instance, you could reasonably apprehend that someone is about to hit you, even if you feel confident that you can defend yourself or dodge the blow.
Here are some key points about assault you'll like need to know for the bar exam:
😱 Apprehension ≠ Fear: The plaintiff need not be scared. It’s enough that the plaintiff expects the contact could happen.
🗝️ Awareness is Key: The plaintiff must be aware of the defendant’s threatening act. If the plaintiff is unaware of it, the plaintiff can’t have apprehension.
🔋 Assault ≠ Battery: In assault, the plaintiff must be aware of the threat. In contrast, for battery, the harmful contact can occur without the plaintiff even knowing it at the time!
So, while Halloween may bring fear, remember that in assault, it’s about expectation or awareness, not terror!
