Elements of Assault Quiz

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Questions and Answers

What is required for words to amount to assault?

Intention to apply force shown by some action or gesture

In what circumstances can words alone constitute an assault?

When they create a reasonable expectation of fear

Why does mere violent and abusive language not constitute an assault?

It lacks physical gestures

What is necessary to constitute an assault according to the text?

Physical act appearing calculated to result in battery Signup and view all the answers

When can threats of violence lead to a charge of assault?

When they are followed by a physical act Signup and view all the answers

How does a gesture coupled with words commonly lead to an assault?

By showing intention through action Signup and view all the answers

What is required for an act to be considered assault?

Intentional or reckless act causing immediate physical harm Signup and view all the answers

In the case of Tubervile vs Savage, what did the court hold is necessary to constitute an assault?

Present threat of violence coupled with capacity Signup and view all the answers

According to KLM Royal Dutch Airlines V Tahar, how did the Supreme Court of Nigeria define assault?

Any act intending to cause immediate harmful contact Signup and view all the answers

Why is assault considered an intentional tort?

Because it requires intent, not negligence Signup and view all the answers

What did the court state in the case of Lewis V Hover regarding assault?

A present threat of violence is sufficient for assault Signup and view all the answers

Why is actual ability to carry out the apprehended contact not necessary for assault?

Because only intent and resulting apprehension are required Signup and view all the answers

What is the actus reus (physical element) of the offence of assault?

Creating an anticipation of illegitimate force in the victim's mind Signup and view all the answers

According to common law, what is the mense rea (mental element) of the offence of assault?

Purposefully causing the expectation of unauthorized force in the victim's mind Signup and view all the answers

In a claim for assault, what is required to prove that there was a threat to apply force or violence to another person?

A reasonable expectation of immediate battery by the plaintiff Signup and view all the answers

Why was there a finding of assault in the case of R vs St. George even though the gun was unloaded?

The plaintiff was put in fear of being shot Signup and view all the answers

What does Alobo mean when referring to assault as an 'unaccomplished or inchoate battery'?

Assault is a failed attempt at battery Signup and view all the answers

What is the significance of having apparent ability to carry out a threat in a claim for assault?

It indicates that immediate battery could reasonably be expected by the plaintiff Signup and view all the answers

Study Notes

Assault

In R vs Barrett, the defendant's actions of advancing towards the complainant, shaking his fists, and threatening to beat him put the complainant in fear of immediate application of force, thus constituting an assault.

Words Alone

As a general rule, words alone do not amount to assault.
Words can only amount to assault if they are coupled with some action or gesture, however slight or subtle.

Circumstances for Assault

In some circumstances, words can put a person in fear of personal violence, thus constituting an assault.
Threats of violence can amount to assault if they create a reasonable expectation of fear in the person threatened.

Requirements for Assault

To constitute an assault, the defendant must do some act in the execution of their purpose, and the act and means used must reasonably appear to the plaintiff to be adapted to the end.
Some physical act, on the part of the defendant, which seems reasonably calculated to result in a battery, is necessary to constitute an assault.

Definition of Assault

According to Lewis V Hover, an assault is an attempt or offer with violence to do a corporal hurt to another.
In Tubervile vs Savage, the court held that a present threat of violence coupled with capacity is necessary to constitute an assault.
The Supreme Court of Nigeria in KLM Royal Dutch Airlines V Tahar defined assault as "a tort of acting intentionally, that is, with either general or specific intent causing the reasonable apprehension of an immediate harmful or offensive contact".