Lizzy and her boyfriend Bobby are at the local restaurant. The two have been arguing and Lizzy says she has had enough and turns to leave. Bobby, who is substantially bigger than Lizzy, draws back his hand as if to hit Lizzy. Lizzy turns around and ducks just in time to avoid Bobby's punch. What, if any, tort can Lizzy sue for?

Question

Quizplus · Accepted Answer

Assault in tort law refers to an act by one person that creates an apprehension in another of an imminent harmful or offensive contact. Bobby's action of drawing back his hand as if to hit Lizzy, which caused her to duck to avoid being hit, constitutes assault because it put Lizzy in fear of immediate physical harm. Battery requires actual physical contact, which did not occur in this scenario. Negligence is not applicable here because Bobby's action was intentional, not careless. The fact that no physical harm occurred does not negate the tort of assault, as the fear of harm is sufficient.

Lizzy and Her Boyfriend Bobby Are at the Local Restaurant