⇒ An assault is an intentional act which directly causes the claimant to reasonably apprehend the application of unlawful force.
⇒ Unless a defence applies, the tort is actionable
⇒ The apprehension of the claimant could be due to the defendant's actions and words (see, for example, Read v Coker [1853])
⇒ The apprehension of the claimant could be due to the defendant's silence (see, for example, R v Ireland [1998])
⇒ However, words that could cause the claimant to apprehend unlawful force may be cancelled out by words (see, for example, Tuberville v Savage [1669])
⇒ In other words, there must be a real prospect of the battery being carried out
⇒ ... Even if the battery is never actually carried out (see, for example, Stephens v Myers (1830). Also, see the case of Read v Coker [1853])
⇒ The test carried out for what constitutes reasonable apprehension of an imminent battery is objective not subjective i.e. the question the court asks is whether or not the 'reasonable man' would have apprehended an imminent battery, not the claimant himself
FOOL-PROOF methods of obtaining top grades
SECRETS your professors won't tell you and your peers don't know
INSIDER TIPS and tricks so you can spend less time studying and land the perfect job
We work really hard to provide you with incredible law notes for free...
The proceeds of this eBook helps us to run the site and keep the service FREE!