Question

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

Answer 1

The correct answer is assault.

Assault may occur when one individual places another in dread or anxiety of quick damage. A person might be in dread of physical mischief yet might be too brave to be in any way perplexed. An assault happens if dread exists, paying little heed to fear. In the given situation, Penny aims a gun towards Jose that may result to harm and fear.

Answer 2

What Penny did to Jose was assault. It is because assault is completely different from battery wherein, assault is a threat or physical act by which it is an attempt to cause a person to fear of imminent body harm whereas battery is the intentional way of touching a person to harm the individual. It could be seen in the scenario that penny is only assaulting Jose as she didn’t even harm him in an intentional way but rather she tries to attempt to frighten him by pointing the gun to his head.