Podcast
Questions and Answers
What is required for words to amount to assault?
What is required for words to amount to assault?
- Reasonable expectation of fear
- Intention to apply force shown by some action or gesture (correct)
- Use of violent and abusive language
- Physical act accompanied by threats
In what circumstances can words alone constitute an assault?
In what circumstances can words alone constitute an assault?
- When they create a reasonable expectation of fear (correct)
- When they are severe and abusive
- When they involve subtle gestures
- When they are accompanied by physical violence
Why does mere violent and abusive language not constitute an assault?
Why does mere violent and abusive language not constitute an assault?
- It lacks physical gestures (correct)
- It is not accompanied by threats
- It does not put a person in fear
- It does not involve direct violence
What is necessary to constitute an assault according to the text?
What is necessary to constitute an assault according to the text?
When can threats of violence lead to a charge of assault?
When can threats of violence lead to a charge of assault?
How does a gesture coupled with words commonly lead to an assault?
How does a gesture coupled with words commonly lead to an assault?
What is required for an act to be considered assault?
What is required for an act to be considered assault?
In the case of Tubervile vs Savage, what did the court hold is necessary to constitute an assault?
In the case of Tubervile vs Savage, what did the court hold is necessary to constitute an assault?
According to KLM Royal Dutch Airlines V Tahar, how did the Supreme Court of Nigeria define assault?
According to KLM Royal Dutch Airlines V Tahar, how did the Supreme Court of Nigeria define assault?
Why is assault considered an intentional tort?
Why is assault considered an intentional tort?
What did the court state in the case of Lewis V Hover regarding assault?
What did the court state in the case of Lewis V Hover regarding assault?
Why is actual ability to carry out the apprehended contact not necessary for assault?
Why is actual ability to carry out the apprehended contact not necessary for assault?
What is the actus reus (physical element) of the offence of assault?
What is the actus reus (physical element) of the offence of assault?
According to common law, what is the mense rea (mental element) of the offence of assault?
According to common law, what is the mense rea (mental element) of the offence of assault?
In a claim for assault, what is required to prove that there was a threat to apply force or violence to another person?
In a claim for assault, what is required to prove that there was a threat to apply force or violence to another person?
Why was there a finding of assault in the case of R vs St. George even though the gun was unloaded?
Why was there a finding of assault in the case of R vs St. George even though the gun was unloaded?
What does Alobo mean when referring to assault as an 'unaccomplished or inchoate battery'?
What does Alobo mean when referring to assault as an 'unaccomplished or inchoate battery'?
What is the significance of having apparent ability to carry out a threat in a claim for assault?
What is the significance of having apparent ability to carry out a threat in a claim for assault?
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".
Elements of Assault
- The elements a plaintiff needs to prove to succeed in a claim for assault are:
- That there was a threat to apply force or violence with another person.
- That the act would put a reasonable person in fear of battery, i.e., that it was reasonable for the plaintiff to expect immediate battery.
- The apparent ability to carry it out.
Notable Cases
- In R vs St. George, the defendant pointed a gun he knew to be unloaded at the plaintiff, who did not know it was unloaded, at a distance that the complainant could have been hurt if the gun was fired. The court held that there was assault even though the gun was unloaded.
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Description
Test your knowledge on the elements of assault at common law, including actus reus and mens rea. Explore the concept of assault as an 'unaccomplished or inchoate battery' according to legal principles.
