Civil Assault, But No Battery

Halloween is Tort Night

Last week featured a post on civil assault.  Click here to read the article: Police: 2 'Idiots' Dressed as 'Creepy Clowns,' Arrested AfterTerrorizing Teens. Halloween is indeed a night of torts.

Although the two clowns in the video below apparently were arrested for "Standing while looking creepy."

Assault (Civil)

The following is quoted in full from the FindLaw website:

Assault Basics

Assault means something very specific when it comes to torts and personal injury law. In tort law, an assault refers to an attempt or threat of violence – not actual violence itself. This may surprise people. But it’s one of the first things most American lawyers learned in law school.

Assault vs. Battery

Most people think of “assault” as referring to a violent attack. For example, as in “the gang assaulted a rival gang member on the corner of the street” or “the marines began their assault on the enemy position atop the hill.” Violence, or at least some sort of physical contact, is generally implied in the term.

However, while state laws sometimes differ, assault generally doesn't require that physical contact actually occurred. Instead, legal scholars define assault as an intentional attempt or threat to inflict injury upon a person, coupled with an apparent, present ability to cause the harm, which creates a reasonable apprehension of bodily harm or offensive contact in another.

Notice the words “attempt” and “threat” above. In tort law, assault does not require actual touching or violence to the victim. We use another term for the touching or contact: “battery.” You may have heard the term “assault and battery.” This refers to situation where both an assault (attempting to injure or threatening to injure) and a battery (actually touching someone) occur in the same incident. Often the assault occurs immediately after the battery: Right before Fred shot Jon, Jon saw Fred aiming the loaded rifle at him.

Below is a movie clip of a tortious assault without a battery:

Civil Battery - With a Frying Pan

Those clever college kids! What will they think of next?

Battery, with no assault:



Battery, with assault:



But wait! was there consent? Here, there is clearly consent!



This one looks like a straightforward example of battery and assault:

Can You Find All The Torts?

How many torts are committed in this one minute clip and by whom? Assault? Battery? Is there Justification?  Consent? Why use words to describe a hypothetical when reality, or in this case, the Reality TV Awards Show, can provide the video hypothetical?