Peter brings in a baseball bat to hit Mary because he is mad at her. When he arrives, Mary is sleeping. He lines up the baseball bat with her head and whispers that he is about to take a swing. She does not wake up, and before he hits her, he changes his mind and quietly leaves before Mary realizes he has arrived. Mary later finds out and sues for assault. Is she successful?

A) Yes, because she was at risk of immediate, offensive bodily contact.
B) Yes, because Peter's actions caused apprehension of immediate, offensive bodily contact.
C) Yes, because Peter intended to place Mary at risk of unwanted and offensive contact.
D) No, but she would have been successful in suing for battery.
E) No, because she was sleeping and thus not in fear or apprehension of an immediate, offensive bodily contact.

Question

Manny pinedo · Accepted Answer

Final Answer : E, Explanation :  For an assault claim to be successful, the plaintiff must have been in apprehension of an immediate, offensive bodily contact. Since Mary was asleep and unaware of Peter's actions, she could not have been in fear or apprehension of the immediate harm, making her claim for assault unsuccessful.

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