Ms. Jilling Hill brought her favorite clock into West Union Clock shop for repairs. West Union Clock Shop is owned by Martin Wang. West Union Clock Shop's employee, Max Studman, having imbibed two or three drinks at lunch, asked Ms. Hill what he could do for her.In response,Ms. Hill told him her clock was out of order and she understood he was going to fix it. Mr. Studman responded, "If you will come back here and let me love and pet you, I'll fix your clock." Studman repeated this and, standing behind the counter,reached for Jilling with his hand, although he did not touch Jilling. Because Jilling was within Max's reach, she jumped back.

Is this an assault? A battery? Some other tort?

What duty, if any, does West Union Clock Shop's owner owe to Jill?