I de S et ux. v. W de S Case Brief PDF

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Summary

Intentional Torts Case Brief for Assault...

Description

Case Name

I de S et ux. v. W de S

Court & Date

At the Assizes, 1348

Procedural History

The lower court dismissed the actions since there was no injury. Plaintiff appealed.

Questioned Presented (The Issue)

Is a defendant liable for assault on a person even though there has not been an actual physical contact by the defendant?

Trigger Facts

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Defendant approached the house of Plaintiff to buy wine. D pounded on the door with a hatchet when P stuck her head out of the window to ask D to stop. D swung the hatchet at P and missed her. P sued D for assault.

Plaintiffs argument(s)

Plaintiff argued that defendant saw her there and swung the hatchet anyway, intending to strike her.

Defendant's Argument(s)

Defendant argued that he did not make contact with P, therefore, it is not an assault.

Rule (The Law)

A person can be liable for assault even though there has been no actual physical contact by another person.

Reasoning

Even thought there was no harm done to plaintiff, the defendant did intend to commit a harmful act, which is assault, and is responsible for damages.

Holding

Appellate judge found for plaintiff and reversed judgment.

Main Take Away

One of the first cased where the court found and action in tort without any proof of actual injury. –Damaging personal property is sufficient to count as an assault...