Prince’s Briefcase: Ide S et ux v. W de S (Hicks Torts)


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

prince's briefcase (princesdailyjournal)Facts
–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.

Issue
Did W commit an assault against M de S?

Rule
–Beating up a door with a hatchet, while somebody is inside a house is an assault.
–For an assault, a man shall recover damages

Explanation
Although W did no harm, he made an assault on the woman M.

Notes
–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

Prince’s Takeaway
Damaging personal property while somebody is inside the home is an assault

To learn how to work from home go to www.livelikeanentrepreneur.com

All content is the property of Prince’s Daily Journal LLC, any use of distribution without express written permission is strictly prohibited. Copyright (c) 2013 All Rights Reserved

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s