Penny points a gun at Jose and threatens to shoot him. Jose is very brave and not frightened. The police arrive and Penny is arrested without shooting Jose. What tort did Penny commit?
A) Assault only
B) Battery only
C) Assault and battery
D) Assault, battery, and strict liability
E) Penny's conduct does not constitute an assault because Jose was not afraid.

Question

Quizplus · Accepted Answer

Assault involves an act that creates an apprehension in another of an imminent, harmful, or offensive contact. It does not require the victim to be frightened but rather to be aware of the threat. Penny's action of pointing a gun and threatening Jose fulfills this criterion, even though no physical contact (battery) occurred and Jose was not frightened.

Penny Points a Gun at Jose and Threatens to Shoot