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Law of Tort

Distinction between Assault and Battery

No.
Battery
Assault
1
Every battery includes assault.  Battery is an aggravate form of assault.
Every assault does not include battery
2.
For a battery there must be an actual application of physical force.  
For an Assault a mere apprehension of danger is sufficient.
3
  Battery is aggravated assault.
An Assault is attempt battery.
4
Since there is actual application of physical force in battery it is considered more serious than assault.
There is an element of fear in assault.





 

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