C. Elements Defined

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

C. Elements Defined

1. Conduct of Defendant

Generally, abusive words are not actionable as an assault.⁶ Threats, however, may be actionable if they are accompanied by the defendant's expression of intent to inflict injury on the plaintiff.⁷ The conduct must be of a nature, and made under circumstances, that affect the mind of one of ordinary reason and firmness and influence his or her conduct or it must appear the person against whom a threat is made was peculiarly susceptible to fear, and the one making the threat knew and took advantage of that fact.⁸

There is a well-recognized distinction between criminal assault and a civil action for an assault and battery.⁹ In civil actions, intent, while pertinent and relevant, is not an essential element.¹⁰ Even if an assault is unintentional, if it is recklessly committed, the defendant may be liable for the resulting damages.¹¹ A police officer may be liable for assault if he or she uses greater force than necessary under the circumstances.¹²

2. Reasonable Fear

There must be just and reasonable ground for the fear, and a vain or idle threat is not sufficient.¹³ Additionally, the conduct "must be made under such circumstances as to affect the mind of a person of ordinary reason and firmness, so as to influence his conduct; or it must appear that the person against whom it is made was peculiarly susceptible to fear, and that the person making the threat knew and took advantage of the fact that he could not stand as much as an ordinary person."¹⁴

In Gregg v. Ham,¹⁵ the defendant, a bail bondsman, went to...