What is the primary element required to establish a prima facie case for assault?

The primary element required to establish a prima facie case for assault is the existence of a reasonable apprehension of harmful contact. Assault is defined as an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact. This means that the plaintiff must demonstrate that they were reasonably placed in fear of such contact occurring.

The focus is on the perception of the plaintiff at the moment of the alleged assault, rather than any actual physical harm or injury. Therefore, even if no physical contact occurs, the mere threat or act that leads the plaintiff to feel a genuine fear of imminent harm is sufficient to meet the standard for assault.

In contrast to this, the presence of a tangible injury is not necessary for an assault claim, as assault can exist even without physical harm. Similarly, while a verbal threat might contribute to the creation of apprehension, it is not the sole requirement for establishing an assault; the key is that the plaintiff felt apprehension. Lastly, a formal written complaint is not a component necessary to establish the elements of assault; rather, it pertains to the procedural aspects of bringing a legal claim.