The key testable elements for assault are:
* Act by the defendant creating a reasonable apprehension in the
plaintiff
* Of an immediate battery (harmful or offensive contact to the plaintiff’s person)
Apprehension Must Be Reasonable
The apprehension of harmful or offensive contact must be reasonable. Courts generally will not protect a plaintiff against exaggerated fears of contact.
a. Fear Not Required
Apprehension shouldn’t be confused with fear or intimidation
Knowledge of Act
For apprehension to be shown, the plaintiff must have been aware of
the threat from the defendant’s act, although the plaintiff need not be
aware of the defendant’s identity.