Crucial Exams

Multistate Bar Examination Practice Question

A man, angry at a neighbor, swung a baseball bat at the neighbor. The man intended to stop the swing just short of the neighbor's head in order to frighten him. The neighbor, who was watching the man's actions, reasonably believed he was about to be struck and dove to the ground to avoid the blow. The bat never made contact with the neighbor.

In a subsequent lawsuit, is the neighbor likely to prevail on a claim of assault?

  • No, because the man did not intend to actually hit the neighbor.

  • No, because the bat did not make physical contact with the neighbor.

  • Yes, because the man's actions were extreme and outrageous.

  • Yes, because the man intentionally caused the neighbor to have a reasonable apprehension of an imminent harmful contact.

Multistate Bar Examination
Torts
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