Esther is upset with her roommate Julio because he refuses to clean up after himself. In a fit of rage, Esther tries to hit him on his head but misses. At the time, Julio is turned away from Esther and is completely unaware that she tried to hit him. Under these circumstances, _____.

Question

Quizplus · Accepted Answer

Esther is liable neither for battery nor assault because she misses while attempting to hit Julio on the head and Julio is unaware of the whole situation. The tort of assault is designed to protect people from threats of battery. Assault is putting another in apprehension of an imminent (immediate) threat to his or her physical safety. Most courts say that "mere words are not enough" for assault and require some affirmative act, like a threatening gesture by the defendant. Attempts at battery that the plaintiff is not aware of at the time are not grounds for a civil assault suit.

Esther Is Upset with Her Roommate Julio Because He Refuses