1. 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

2. 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

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

4. 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.

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

6. 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

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