LW 2103 Law of Tort Tutorial Question 4

LW 2103 Law of Tort Tutorial Question 4 Chris Lau Franco Lee Ka Yan Lai

Law of Tort - Tutorial Q 4 n FACT: B (plaintiff) v A (defendant) n A and B – hostile terms on land dispute n A went to buy household requirements – saw a toy gun – give to son n A went back and met B – argued with heated exchange of words n A pulled out the gun and threatened to shoot B n

Law of Tort - Tutorial Q 4 n ISSUE: Tort? What tort? n Intention involved? n Threat Assault? n Determine how INTENTION exists? n Determine how THREAT exists? n

Law of Tort - Tutorial Q 4 n RULE: ~ ASSAULT is an act which directly and intentionally causes the plaintiff reasonably to apprehend that a battery is about to be inflicted upon him by the defendant. ~ BATTERY is the direct and intentional application of physical force to another person without lawful justification. ~ INTENTIONAL TORTS involve element deliberate interference with the injured party. of

Law of Tort - Tutorial Q 4 n APPLICATION: n Tort? INTENTIONAL TORT n Intention involved? V n Threat Assault? V

Law of Tort - Tutorial Q 4 n APPLICATION: n Relevant Case: R v St George (1840) 173 ER 921 Pointing an unloaded gun may amount to an assault

Law of Tort - Tutorial Q 4 n CONCLUSION: A is convicted for threatening B with an intention. A committed ASSAULT.