Tort Law: Assault & Battery
In tort law, assault is an intentional threat or attempt, with apparent ability to do bodily harm to another resulting in immediate reasonable apprehension of bodily harm; physical contact is unnecessary. In contrast, battery is committed whenever an individual actually sustains a harmful or offensive contact to his or her person. For example, case law supports that the defendant’s act of placing his hand on the arm of the plaintiff as she walked by constituted battery since “the least touching of another’s person wilfully is a battery,” even though in this case it was fairly obvious that no assault or fear of contact preceded the actual touching. Touching the actual person of the plaintiff is not required. Offensive contact with something so closely related to the plaintiff that it was considered to be a part of the plaintiff will suffice, such as flipping a baseball cap, or kicking a bench on which a person sits.
In summary, assault and battery are indeed separate torts. One does not encompass another. However, the two torts are related in the sense that an assault is usually the conduct that produces fear of a battery.
Most jurisdictions will view consent as an absolute defense to assault and battery such as boxing. However, being drunk or under the influence of another intoxicating substance is not a defense. In cases where an intoxicated person puts another in immediate apprehension of harm, assault will still be found unless the defendant was involuntarily intoxicated.
An assault victim may recover for injuries directly and immediately resulting from an assault, regardless of whether they might have been foreseen, and for reasonably foreseeable consequential injuries that resulted from the assault but were not directly and immediately caused by it. Recoverable damages include, but are not limited to, recovery for such injuries as mental suffering, the cost of medical treatment necessitated by the assault, and lost earnings. Usually, the damage award is within the jury’s discretion. The amount of compensation found by the jury will not be disturbed on appeal unless the verdict amounts to an abuse of discretion by the trial court.
Once actual damages are found, punitive or exemplary damages may be awarded if the defendant’s misconduct is found to be willful, reckless, or wanton.
One court has found that a finding of assault and battery will support an award of damages for intentional infliction of emotional distress.
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