Professor Hicks Torts: Assault
Here is a case from my Torts course which explains the concept of Assault. In this case, Damaging personal property, while somebody is at home, is sufficient to count as an assault towards that individual.
Case Name, Author, Citation Number
I de S et ux. v. W de S, Y.B.Lib.Ass. folio 99, placitum 60
–I de S: husband; M de S: wife.
–complaint about W de S making an assault with force and arms upon M de S and beat her allegedly
–W beat upon the door with a hatchet so he can buy some wine
–M told him to stop. W saw her and then struck the door with the hatchet but did not hit the woman.
–Upon inquest, there was no trespass since no harm was done.
Did W commit an assault against M de S?
–Beating up a door with a hatchet, while somebody is inside a house is an assault.
–For an assault, a man shall recover damages
Although W did no harm, he made an assault on the woman M.
–Professor Hicks Definition of Assault: An (1) Intentional (2) act (gesture), to (3) cause apprehension (fear), in the present imminent, with a (4) reasonable belief that you will do it. THE VICTIM OF THE ASSAULT HAS TO BE AWARE OF YOUR ACTIONS. IF NOT, THEN NO ASSAULT.
–You can get assault charge, even though you didn’t commit no physical harm to the person
–Damaging personal property is sufficient to count as an assault
–No actual damages need be proved
Damaging personal property while somebody is inside the home is an assault
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