The Law Of Tort Arise Essay

1397 Words6 Pages
In the instances, which occurred in a local pub, several claims under the law of Tort arise. Trespass to the Person and Negligence appear in the scenario and all parties need to be advised. The incident that occurred between Sam, Henry and Brody, where Sam ‘yells angrily at henry and Brody’ yelling for them to leave or he would punch them, leaves them to be advised on Assault under Trespass to the person. For an assault to take place the defendant must commit an act which deliberately and intentionally causes the claimant to reasonably apprehend direct and immediate application or force .To identify whether the Defendants words or actions are a reasonable expectation of immediate application or force, the act or words must give the claimant good reason to fear them. Which Sam’s shouting and threat is an act that would cause the reasonable person to fear immediate application or force. Stephens v Myers (1830) .It is reasonable to believe that Sam was going to commit an act against Henry and Brody. It doesn’t have to be proven that the claimant believed violence was going to occur, only that in the circumstance it was a reasonable belief . For it to be considered as reasonable, the threat must be able to be carried out there and then (immediately) which was established in the case of Thomas v National Union of Mineworkers (1985) . Which seems clear that it was possible for the threat of punching to have been carried out as they were in the same room. Some delay
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