Awareness Of Fright Vs Apprehension Of Contact
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Torts1
Example wrong choices
18298_fellowship_hall_grab · TORTS · Choice Bthe stranger, because Daniel did not perceive an injury being inflicted on Mary.
Why it's attractive
The choice picks the right party for the wrong reason. The assault test is whether the plaintiff apprehended contact with HERSELF, not whether she perceived injury to a third party.
Why it's wrong
The choice picks the right party for the wrong reason. The assault test is whether the plaintiff apprehended contact with HERSELF, not whether she perceived injury to a third party.
18298_fellowship_hall_grab · TORTS · Choice CDaniel, because the court will transfer the stranger's intent to grab Mary to Daniel's assault claim.
Why it's attractive
The student reaches for the transferred-intent doctrine because the attacker did intend to harm a person (Mary) but the conduct did not put Daniel in apprehension. The Gold Key tells the student that transferred intent does not apply to assault.
Why it's wrong
The student reaches for the transferred-intent doctrine because the attacker did intend to harm a person (Mary) but the conduct did not put Daniel in apprehension. The Gold Key tells the student that transferred intent does not apply to assault.
18298_fellowship_hall_grab · TORTS · Choice DDaniel, because the stranger was aware that his conduct would frighten Daniel.
Why it's attractive
The student hears 'aware that his conduct would frighten' and assumes that satisfies the assault elements. It does not — the elements are about plaintiff-side apprehension, not defendant-side awareness.
Why it's wrong
The student hears 'aware that his conduct would frighten' and assumes that satisfies the assault elements. It does not — the elements are about plaintiff-side apprehension, not defendant-side awareness.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →