What is the difference between assault tort and battery tort?

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1269681

2026-07-22 16:56

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Under common law, assault is defined as the intent to inflict an imminent apprehension of harmful or offensive contact, and an imminent apprehension of contact occurs. That basically means that if you move your fist toward someone's face, attempting to get them to recoil because you want them to believe you are going to hit them, than you have committed the tort of assault. Battery is defined as the intent to inflict a harmful or offensive contact, and a harmful or offensive contact occurs. Note that this does not require harm. Intentionally slapping someone on the butt, could be construed as a battery because there was intent and an offensive contact. If the person knew the smack was coming, you can be held liable for assault and battery.

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