A. Definition

LibraryElements of Civil Causes of Action (SCBar) (2021 Ed.)

A. Definition

An assault occurs when a person has been placed in reasonable fear of bodily harm by the conduct of the defendant.1 It has been described as "an attempt or offer, with force or violence, to inflict bodily harm on another or engage in some offensive conduct."2 Assault may be committed by attempting to touch another in a rude or angry manner, for example spitting in someone's face.3

In a departure from prior law, the South Carolina Supreme Court applied collateral estoppel to bar a defendant from relitigating liability for assault and battery. The...

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