If A discharges a pistol to frighten B, but B is stone deaf and unaware, is this assault?

The rationale behind the correct answer focuses on the fundamental elements required to establish the tort of assault. Assault is typically defined as an intentional act that causes another person to apprehend an imminent harmful or offensive contact. A critical component of this definition is the requirement of awareness; the victim must be aware of the threat at the moment it occurs.

In this scenario, A's intent to frighten B is clear. However, since B is stone deaf and therefore completely unaware of the gunshot being fired, there is no apprehension or fear experienced by B. For an assault to occur, B would need to foresee the possibility of harm or offensive contact, which is impossible if B is not aware of the event.

Thus, because B's lack of awareness fundamentally obstructs the possibility of apprehension, the act cannot be classified as assault despite A's intent. This underscores the importance of awareness in the tort of assault; it is not enough for there to be an intention to frighten—there must also be the capacity for the victim to perceive that threat.