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25. In an action brought by the guest against the host for assault, will the guest be likely to prevail?
A host pointed an unloaded revolver at her guest, threatening to shoot him. The guest knew that the revolver was not loaded, and that the ammunition for the revolver was stored in a locked basement closet, two stories below where the two were then standing.
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A is incorrect. This answer correctly states that the guest will lose, but it misstates the legal basis for this conclusion. Even though the host did not intend to shoot her guest, she may well have intended to cause the guest to fear being shot. That apprehension, if it had been created, would have been adequate to support the intent of assault.
C is incorrect. Assault requires that the apprehended bodily contact be imminent. It would take the host some time to retrieve the ammunition from a locked closet two floors below, so the guest had no reasonable fear of imminent contact.
D is incorrect. A threat is not enough to support a case for assault unless it actually results in an apprehension of immediate bodily contact. In this case, the guest knew that the revolver was not loaded and that the ammunition was in a locked basement closet, so there was no reasonable fear of imminent contact.