Question

Which of the following incidents is an example of the legal meaning of the tort of assault (without battery)?

A) A person throws a hammer at your head, but you see it coming and duck out of the way.
B) A person threatens to throw a hammer at your head but doesn't follow through.
C) A person accidentally drops a hammer near you, causing no harm.
D) A person swings a hammer and hits you on the arm.

Answer 1

The incident that is an example of the legal meaning of the tort of assault (without battery) is when a person threatens to throw a hammer at your head but doesn't follow through.

Step-by-step explanation:

The incident that is an example of the legal meaning of the tort of assault (without battery) is option B) A person threatens to throw a hammer at your head but doesn't follow through.

In the legal context, assault refers to the intentional act of causing apprehension of harmful or offensive contact. It does not require actual physical contact or injury (battery). In this scenario, the person's threat to throw a hammer creates a reasonable fear of imminent harm, which fulfills the definition of assault.

Other options in the question involve either the element of battery (actual physical contact) or no intentional act or threat, which are not examples of assault without battery.