9084 · 4.3.1
Assault flashcards
Revision flashcards for Cambridge 9084 Assault (syllabus 4.3.1). Flip, recall, then mark a real past-paper question.
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Tort of assault definition?
Causing another to apprehend the immediate application of unlawful force — no physical contact required.
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Immediate apprehension?
Threat must be of imminent contact — future threats or words alone usually insufficient (Tuberville v Savage — conditional polite words).
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Tuberville v Savage?
'If it were not assize-time I would not take such language' — conditional words negated immediacy; no assault.
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Thomas v NUM?
Working miners on a bus were not assaulted by striking miners making threats as they were protected by police, so there was no prospect of immediate battery.
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Can silence be assault?
Yes. Repeated silent phone calls causing apprehension of imminent force can be an assault. The case of R v Ireland (criminal) is highly influential here.
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Assault vs battery?
Assault = apprehension of force; battery = actual unlawful contact — may occur together or separately.
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What is the legal definition of assault in the law of tort?
An act of the defendant which intentionally or recklessly causes the claimant to reasonably apprehend the immediate and unlawful application of force.
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What was the principle established in *R v Ireland; Burstow* (1998) regarding assault?
That words alone, or even silence (such as in silent telephone calls), can constitute an assault if they cause the victim to apprehend immediate unlawful force.
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What is the principle from *Tuberville v Savage* (1669)?
That words can negate what would otherwise be an assault. The defendant's statement, "If it were not assize-time...", showed he had no immediate intention to use force, so there was no assault.
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What is the 'immediacy' requirement in the tort of assault?
The claimant must apprehend that the unlawful force is 'imminent' or 'about to happen'. A threat of violence at some unspecified future time is not sufficient to constitute an assault.
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Is physical contact required for a tortious assault?
No. Assault is concerned with causing the *apprehension* of contact. The moment physical contact occurs, the tort of battery has been committed.
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What is the principle from *Stephen v Myers* (1830)?
An assault can occur even if the defendant is stopped before carrying out the battery, as long as they were advancing in a way that caused reasonable apprehension of an imminent blow. It established that the defendant must have the means of carrying the threat into effect.
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What remedies are available for assault?
The main remedy is damages (nominal, general, special, aggravated). An injunction can also be granted to prevent the defendant from repeating the threatening behaviour.
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Can a claimant recover damages for psychiatric injury caused by an assault?
Yes. If a recognised psychiatric illness (like PTSD) is a foreseeable consequence of the defendant's assault, the claimant can recover general damages for pain and suffering and special damages for related financial losses (e.g., lost earnings, therapy costs).