First Principles of Business Law

5. Assault

5.1. Wrongfully causing fear of physical contact

Read the example below, and then answer the questions.

A goes into B's restaurant and orders a meal. When C, the waiter, makes a mistake with A's dessert, A gets angry and is very rude to the waiter. B hears A speaking loudly and goes to find out what is wrong. A is also rude to B, who asks A to leave the restaurant. A leaps to his feet and shakes his fork angrily at B, saying: "I'll never come here again if this is how I'm treated." Then A walks out, throwing the fork down on the table.

1. Is it possible for one person to successfully sue another in tort for assault even if there is no physical contact between them?

2. Although most people in the restaurant did not think A was likely to strike anyone, suppose that B is a very nervous person and easily frightened. Is B's expectation of harm sufficient to establish assault?

3. Must B prove that he had suffered some actual harm to succeed in an action for assault against A?

4. If A had said to the waitress, "I can't afford a tip, but I'm going to give you a big kiss when I go", could this statement constitute an assault on the waitress?