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Citation. At the Assizes, coram Thorpe, C.J., 1348 [or 1349] Year Book, Liber Assisarum, folio 99, placitum 60.
Brief Fact Summary. After Defendant struck the door of Plaintiff’s tavern with a hatchet, Plaintiff told Defendant to stop. Defendant saw Plaintiff and struck the door with the hatchet again, but he did not hit Plaintiff. Plaintiff sued Defendant for assault.
Synopsis of Rule of Law. The tort of assault does not require physical contact.
Issue. Does the tort of assault require physical contact?
Held. No. Judgment for Plaintiff.
* Assault does not require physical contact. Even though Defendant did not touch Plaintiff, Defendant is liable for assault. Plaintiff is entitled to recover damages.
Discussion. Assault is the reasonable apprehension of imminent harmful or offensive contact.