common law assault and battery

Question 1

222common law assault definition

Answer 1

• act causing person to apprehend immediate and unlawful personal harm, with intention or subjective recklessness
• venna

Question 2

acts sufficient for assault

Answer 2

words ( written or verbal), can be enough
- constanza

silent phone calls - sufficient
- ireland

Question 3

spitting, assault

Answer 3

spitting ,even without contact, can be enough for assault , if it causes apprehension

• misalati

Question 4

apprehension of force in assault

Answer 4

v must apprehend unlawful force
- no apprehension means no assualt

• lamb

Question 5

immediate threat in assault

Answer 5

force must be imminent not needed to be instantaneous

• smith v chief superintendent of woking ps

Question 6

words negating an assault

Answer 6

words can negate an assault

tuberville v savage and light

Question 7

battery meaning

Answer 7

unlawful infliction of personal harm , w intention or subjective recklessness

collins v wilcock

Question 8

battery and clothing

Answer 8

touching clothes =. sufficient

Thomas

Question 8

physical contact and battery

Answer 8

even merest touch is sufficient

Collins v wilcock

Question 9

spitting and battery

Answer 9

spitting , esp when linked to covid 19 , battery and abh

Question 10

battery by omission

Answer 10

rare but possible

santana - Bermudez

Question 11

indirect battery

Answer 11

d can commit battery through indirect act

dpp v k