Description Of An Assault Was Defined By Goff Lj Essay

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SCENARIO 1: TRESPASS TO PERSON According to In Brief helping with life’s legal issues, “trespass to the person is an element of tort law which covers wrongs done to an individual. [And] can exist even if the victim suffers no physical harm…There are three main wrongs which fall under the umbrella of trespass to the person: assault, battery and false imprisonment. They are intentional torts, meaning they cannot be committed by accident, therefore, they are civil wrongs and not criminal wrongs.” Wilmer may seek claim for assault from Barney. An assault is a direct threat made by a person to another, the effect of which is to put the person in reasonable fear or apprehension of an imminent battery. Furthermore, “an assault was defined by Goff LJ in Collins v. Wilcock [1984] 3 All ER 374 as an act that causes another ‘reasonably to apprehend the infliction of immediate, unlawful force on his person’”. Being jumped in front of, by a known prankster with a sheet covered over him/her, is prone to let Wilmer placed in fear and such action may lie under the rule in Wilkinson v. Downton [1897] EWHC 1 (QB). Though, no physical touching occurred so no claim of assault can be claimed, and the act by Barney was intended and caused Wilmer to faint and hit her head causing bruising, so these may be qualify for battery. As stated by Winflield and Jolowiz on Tort 14th Ed., page 58, defines Battery as: “the intentional and direct application of force to another person.” As well, such
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