Trespass to the Person

This comprises three separate torts (A tort is a civil wrong).

- Assault- Battery- False Imprisonment

Assault

An assault is a direct threat made by the defendant to the plaintiff. The effect of which is to put the plaintiff in reasonable fear or apprehension of immediate physical contact with his person.

Stevens v. Meyers (1830)

An altercation took place between the plaintiff and the defendant at a council meeting. The defendant approached the plaintiff in a menacing manner with a clenched fist, but his blow was intercepted by a third party. What made this an actionable assault was the manner in which the plaintiff was approach and also with a clenched fist, hence, the defendant was found guilty of assault.

Hull v. Ellis (1966)

The defendant held a revolver in her hand as she accosted the plaintiff as he was riding along public road and asked him where he got the piece of wood that he was carrying. She was found guilty of assault, since she had the gun held in her hand.

In assault, the act of the defendant must be such that a reasonable man would fear that violence would be applied to his person. The reasonable man is any ordinary, average man, not brave, yet not too cowardly.

The reasonable man test is, therefore, objective and not subjective. Therefore, if a person or ordinary courage would not have been afraid, the fact that the particular plaintiff was afraid is irrelevant and the defendant will not be liable.

Words in Relation to Assault

According to Justice Holroyd, in the case R. v. Meade and Belt (1823), he said No words nor singing are equivalent to an assault. However, the modern view is that there would be an assault if the words are sufficient to put the plaintiff in reasonable apprehension of a battery.

Tuberville v. Savage (1669)

Where the defendant placed his hand on his sword and said “If were not assizes, I would not take such language from you.”