Tutorial Question 4 Chris Lau Franco Lee Ka Yan Lai

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Presentation transcript:

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

Law of Tort - Tutorial Q4 FACT: B (plaintiff) v A (defendant) A and B – hostile terms on land dispute A went to buy household requirements – saw a toy gun – give to son A went back and met B – argued with heated exchange of words A pulled out the gun and threatened to shoot B

Law of Tort - Tutorial Q4 ISSUE: Tort? What tort? Intention involved? Threat  Assault? Determine how INTENTION exists? Determine how THREAT exists?

Law of Tort - Tutorial Q4 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 of deliberate interference with the injured party.

Law of Tort - Tutorial Q4 APPLICATION: Tort?  INTENTIONAL TORT Intention involved? V Threat  Assault? V

Law of Tort - Tutorial Q4 APPLICATION: Relevant Case: R v St George (1840) 173 ER 921 Pointing an unloaded gun may amount to an assault

Law of Tort - Tutorial Q4 CONCLUSION: A is convicted for threatening B with an intention. A committed ASSAULT.