Which of the following torts is actionable per se?

Which of the following torts is actionable per se?

• A. Negligence
• B. Assault
• C. Defamation
• D. Fraud

Answer: (B)

Assault is considered a tort that is actionable per se, which means that it does not require proof of damages to be actionable in court. This tort involves the act of putting someone in reasonable apprehension of immediate harmful or offensive contact. The essence of assault is the threat or attempt to cause harm, which should be taken seriously, even if the actual harm does not occur. In contrast, other torts such as negligence, defamation, and fraud generally require the plaintiff to demonstrate that they suffered actual damages as a result of the defendant's actions. For example, defamation involves making false statements that harm someone's reputation, but the plaintiff must prove that their reputation was damaged to win a case. Similarly, negligence requires showing that the defendant's failure to exercise reasonable care caused actual harm, whereas fraud requires demonstrating that the deceptive act caused a loss. Thus, the immediate apprehension and the inherent threat posed by an assault make it actionable per se.

Assault is considered a tort that is actionable per se, which means that it does not require proof of damages to be actionable in court. This tort involves the act of putting someone in reasonable apprehension of immediate harmful or offensive contact. The essence of assault is the threat or attempt to cause harm, which should be taken seriously, even if the actual harm does not occur.

In contrast, other torts such as negligence, defamation, and fraud generally require the plaintiff to demonstrate that they suffered actual damages as a result of the defendant's actions. For example, defamation involves making false statements that harm someone's reputation, but the plaintiff must prove that their reputation was damaged to win a case. Similarly, negligence requires showing that the defendant's failure to exercise reasonable care caused actual harm, whereas fraud requires demonstrating that the deceptive act caused a loss. Thus, the immediate apprehension and the inherent threat posed by an assault make it actionable per se.