Assault — practice questions

Elements of tort assault:

1. Positive act by D: Raising fist and shouting threat — conduct + words sufficient (Thomas v NUM — gestures alone can suffice).
2. Apprehension in C: Paula feared imminent contact — subjective belief must be reasonable in circumstances.
3. Immediate unlawful force: 'Hit you now' with fist raised at 1 metre = immediacy satisfied. Contrast Tuberville v Savage — 'if it were not assize-time' made threat conditional/distant → no assault.
4. Unlawful force: No consent, self-defence, or lawful authority — threat of violence is unlawful.
5. No contact required: Dan did not need to strike — assault complete on apprehension alone.

Battery? No — Dan did not touch Paula. Separate tort if contact occurred.

Defences: None on facts.

Remedy: Nominal/general damages for assault; higher if psychiatric injury (R v Ireland principles on fear).

Conclusion: Dan committed assault — link to 4.3.2 battery if punch had landed.

1. Establishing the Tort of Assault:

Anya can likely establish the tort of assault against Ben based on his cumulative actions.

• Positive Acts: Ben's actions – parking outside, making threatening gestures, and making silent phone calls – are all positive acts.
• Reasonable Apprehension: The gestures (throat-slitting) are overtly threatening. The silent phone calls, following R v Ireland; Burstow (1998), can constitute an assault as they can cause the victim to apprehend imminent unlawful force (e.g., fear that the caller is nearby and may attack). The cumulative effect of these actions makes Anya's apprehension of harm reasonable.
• Immediacy: While Ben is not always in a position to strike instantly, the House of Lords in R v Ireland interpreted 'immediate' to mean 'imminent' or 'liable to happen at any time'. Ben's persistent campaign could create a state of fear where Anya apprehends an attack at any moment, satisfying this requirement.
• Intention: Ben's deliberate campaign of intimidation demonstrates a clear intention to cause Anya to apprehend unlawful force.

Conclusion on Liability: Ben has likely committed the tort of assault.

2. Calculating Special Damages (Loss of Earnings):

Special damages are quantifiable financial losses resulting from the tort. Anya's loss of earnings due to the PTSD caused by the assault falls under this category.

• Formula: Loss of Earnings = Monthly Net Salary × Number of Months Off Work
• Step 1: Identify the values.
  • Monthly Net Salary = £2,500
  • Time off work = 9 months
• Step 2: Apply the formula.
  • Calculation: £2,500/month × 9 months
• Step 3: State the final answer.
  • Total Special Damages for Loss of Earnings = £22,500

Further Advice: Anya could also claim general damages for the pain, suffering, and loss of amenity caused by the PTSD. She could also seek an injunction to prevent Ben from contacting her or coming near her home or workplace in the future.