What distinguishes "battery" from "assault" in tort law?

The correct choice highlights a fundamental distinction in tort law between battery and assault. Battery is defined as the intentional and unlawful physical contact with another person, resulting in harmful or offensive touching. This means that for an action to be classified as battery, there must be actual physical contact made with the victim, regardless of whether it causes injury or not.

In contrast, assault does not require physical contact; rather, it involves creating a reasonable apprehension or fear of imminent harmful or offensive contact in the victim's mind. Essentially, assault is about the threat of battery rather than the act itself, allowing the victim to feel threatened without any actual contact having occurred.

Understanding these definitions is crucial, as it helps clarify the different elements required to prove each tort. This distinction also underlines the emphasis on intent and perception in tort claims concerning assault, versus the necessity of contact in claims regarding battery.