MBE Rules · Torts
Assault
The rule
Intentional act causing reasonable APPREHENSION (not fear) of imminent harmful or offensive contact. Words alone usually insufficient — require accompanying conduct. Conditional threats and threats coupled with apparent ability to carry out suffice.
In plain English
Assault happens when someone makes another person expect an immediate harmful or offensive touch. It’s not just about feeling scared; it's about expecting something bad to happen right away.
Worked example
The defendant raises a fist and steps toward the buyer, saying, 'I’m going to hit you now!' The buyer believes they’re about to be hit. This is assault because the buyer expects immediate harm.
Memory hook
APPREHENSION, not alarm! It's about expecting, not fearing, contact.
The trap
Students think: Fear is required. Wrong, because it's about expectation of contact, not fear. The actual test is reasonable apprehension of imminent contact.
How examiners test it
The MBE loves: words alone threatening harm. Trap: students miss that accompanying conduct or context is needed to create apprehension.
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