Question

Mr B told Mr A to leave the premises in occupation of Mr A. When Mr A refused, Mr B collected some workmen who surrounded Mr A and threatened to break his neck if he did not leave. Under which tortious act can Mr A file the case?

• A. Battery
• B. Hurt
• C. False Imprisonment
• D. Assault

Hint:

Assault involves a threat of force that causes fear of imminent harm, while battery involves actual physical contact.

Answer 1

The Correct Option is D

Step 1: Understanding the concept of Assault.
Assault occurs when a person intentionally creates an apprehension of imminent harm or violence in another person’s mind, even without physical contact. The essential element is the threat of immediate harm.
Step 2: Application to the case.
Mr B and his workmen surrounded Mr A and threatened to harm him if he did not leave. Though no physical contact occurred, the threat and intimidation created a reasonable fear of harm — fulfilling the condition of assault.
Step 3: Conclusion.
Thus, Mr A can file a case against Mr B for assault.