Also known as: imminent apprehensions · reasonable apprehension
Written by attorneys · grounded in primary & secondary sources — see below
A mental state in which a person reasonably believes that harmful or offensive bodily contact is about to occur immediately. The belief must arise from the actor's conduct and surrounding circumstances rather than from words alone.
Jordan grabbed a headset cord and whipped it toward Vernon's face, stopping an inch away while snarling a threat. Vernon saw the cord stop short but believed an immediate strike would follow. The conduct placed Vernon in imminent apprehension of harmful contact.
Tabitha swung a torque wrench halfway toward Kathleen's helmeted head and declared that another miscalibration would bring an immediate strike. Kathleen saw the halted swing but understood the contact depended on a future event. The conditional statement prevented formation of imminent apprehension.
Select any source to read its text and confirm it supports the definition.
Maria raised a heavy flashlight from arm's length and began a swing toward Lee's shoulder while issuing a threat. Lee froze, expecting the blow to land at once before an alarm interrupted the motion. The conduct caused Lee to experience imminent apprehension of harmful contact.
Silas retrieved a sharpened hay hook, positioned it inches from Francis's abdomen, and executed a rapid thrusting motion that halted just short of contact. Francis leaped backward, believing an immediate stabbing would occur. The physical actions placed Francis in imminent apprehension of harmful contact.
Silas declared that Francis was one step away from being stuck with the hay hook but performed no accompanying physical motion. Francis heard the words yet did not perceive an immediate contact because the statement alone supplied no present ability to strike. The absence of supporting acts prevented imminent apprehension.
Peggy seized a boat hook and jabbed it quickly toward Jamie's midsection but deliberately stopped short of contact on a wet deck. Jamie jerked sideways and fell, sustaining injuries from the crates. The gesture created only apprehension of contact rather than actual harmful contact.
Assault requires only that the plaintiff experience reasonable apprehension of imminent harmful or offensive contact. No contact or injury is needed because the tort protects the interest in freedom from the threat itself.
Supporting sources
Words alone fail unless accompanied by other acts or circumstances that place the plaintiff in reasonable apprehension of immediate contact. A purely conditional threat of future harm does not satisfy the requirement because the danger must appear about to occur at once.
Supporting sources
A conditional threat prevents imminent apprehension when it makes contact depend on a future event rather than presenting an immediate danger. The plaintiff must reasonably believe harmful contact is about to happen right then, not at some later time.
Supporting sources
…prudent person would foresee and do in the circumstances; duty is clearly defined by knowledge of the risk of harm or the reasonable apprehension of that risk. In the above-cited cases, the defendants knew or reasonably should have foreseen both that particular plaintiffs or an identifiable class of plaintiffs were at risk and that…