Fact Pattern 9-3 Alex and Blake Got into a Heated Argument Because Alex

question 4

Multiple Choice

Fact Pattern 9-3
Alex and Blake got into a heated argument because Alex asked Blake's girlfriend out on a date. Blake decided that he wanted to scare Alex and drew back his fist to hit Alex. He stopped just as he was about to strike Alex in the nose. Alex yelled out, "You didn't scare me. I was ready for a fight!" Later, Alex decides that he would like to sue Blake and asks your advice on issues involving assault and battery.
-Refer to fact pattern 9-3. What would you tell Alex regarding whether he should sue Blake for committing an assault?

• A) That it appears that the necessary elements are present for him to succeed in an action against Blake for assault so long as he can show apprehension of being struck.
• B) That he could not win in an action for assault because he admitted that he was not afraid.
• C) That he could not win in an action for assault because Blake did not actually strike him.
• D) That he could not win in an action for assault because it appears that Blake's actions were justified.

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