What kind of harm is actionable in trespass? This is a relatively straightforward question in battery - the 'harm' is the actual unlawful physical contact. there are, however, many instances of what we shall loosely term antisocial behaviour which may give rise to a variety of unpleasant, emotional experiences. An action in assault will lie where the defendant's behaviour causes the plaintiff to reasonably apprehend an immediate contact with his person. It will be actionable irrespective of whether fear is experienced by the victim. However, other emotional experiences, unpleasant though they may be, may be actionable in some other tort, for example, defamation, where insulting words are used.