This question should be answered in an IRAC format. Please include all relevant keywords, terms, and phrases when discussing each topic.
Sharon and Emily had a long-running feud dating from the year Emily defeated Sharon for the best apple pie at the County Fair fourteen years ago. Emily was weary of the constant verbal sparring which occurred whenever they ran into each other in town and the constant gossip about who said what about whom. In order to try to end the feud, Emily invited Sharon and her family to a barbeque on Emily’s ranch. While their families ate chicken, corn-on-the-cob, and apple pie, Emily and Sharon walked through the dry grassy hills of the ranch. As they stood at the top of a particularly scenic knoll, Sharon suddenly shouted, “Look out! There’s a rattlesnake behind you!” Emily jumped to one side in alarm, her heart racing, but instead of a snake rattling, all she heard were shrieks of laughter emanating from Sharon. Emily stalked back to the house and, rumor has it, the feud is worse than ever.
If Emily sues Sharon for assault, will she prevail?
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Hint
Is physical contact necessary to make a claim of assault? Given the circumstances, think about whether Emily’s belief that a bite was imminent was reasonable.
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