which there would be a battery but no assault is where the Plaintiff is struck unexpectedly from behind, or when he is asleep. An example of an Assault without a Battery is where the Defendant aims a blow at the Plaintiff but his blow intercepted by a third Party. In Assault, the act of the Defendant must have been such a reasonable man might fear that violence was about to be applied to him.
81 The fact that the Plaintiff was exceptionally brave and was not afraid [of threat of violence from the Defendant] will not prevent him from succeeding in his action if a Defendant of ordinary courage would have been afraid. Battery is the most common form of trespass to the person. It is committed by intentionally bringing about a harmful or offensive contact with the person of another. Battery action serves the dual purpose of affording protection to the individual not only against bodily harm but also against any interference with his person, sense of honour and dignity: "The least touching of another in anger is battery" [COLE Vs. TURNER (1704) 6 Mod. 149 Holt, J.]and so is such offensive and insulting behaviour as spitting in another man's face [R. v COTES WORTH 1704 6 Mod. 172], or cutting his hair [FORDE V. SKINNER (1830) 4C & P. 239] or Kissing a woman. The Plaintff need not even have been conscious of the contact at the time battery occurred: as when a woman is abused while asleep or under an anaesthetic. Nor is it necessary that there be an actual and immediate physical contact with the person of the Plaintiff:
