Question

PRINCIPLE: An assault is an attempt to do a corporeal hurt to another, coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another.
FACTUAL SITUATION: A was slitting on a chair reading a book. His friend, B decided to play a practical joke on him. Accordingly, he pulled the chair from under him, as a result of which A landed on the floor.

• A. B's act amounts to a battery
• B. B's act amounts to an assault
• C. B's act amounts to an assault till the time A lands on the floor
• D. B's act amounts to neither because there was no intention

Answer 1

Answer: (D)

B's act amounts to neither because there was no intention

D is the correct option.

• The tort of assault is defined as threatening bodily harm to another in a convincing way. The essential requirements of assault are:

(1) the intention of the defendant to cause apprehension of harmful contact

(2) the act resulted in apprehension in the mind of the plaintiff that a harmful contact would occur.

• It must be with the intention to interfere with the right to liberty of a person. So, mere removal of a chair playfully that may result in mere falling on the floor will not give rise to sufficient intention to cause apprehension of harmful contact.