Tuberville v Savage – 1669

221 words (1 pages) Case Summary in Cases

07/03/18 Cases Reference this

Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of Parallelewelten.net.

If you would like to view samples of the work produced by our academic writers please click here.

Tuberville v Savage [1669] EWHC KB J25

Whether a threatening declaration of future harm constituted an unlawful assault.

Facts

A man placed his hand on his sword and told another, “If it were not assize-time, I would not take such language.” The justices of assize were in town.

Issue

The question was as to whether laying a hand on a sword and stating “If it were not assize-time, I would not take such language,” constituted an unlawful assault by placing another in apprehension of immediate violence.

Held

The Court held that an assault requires both (1) the intention and (2) the act of assault. Even an act of, for example, striking a man, without an intention to assault, does not constitute an assault. Accordingly, the Court held that the facts did not give rise as the man merely stipulated that he would have the intention to assault if it were not assize-time. It was, indeed, assize-time and the man’s declaration expressly stipulated that he would not and did not intend tocommit an assault. Thus, there could have been no assault as there were no intention nor act of assault, nor imminent threat thereof.

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.

adventure books for kids

good books fantasy adventure

http://protege.kiev.ua

Current Offers