I de S et ux. V. W de S
At the Assizes, 1348.
Y.B.Lib.Ass. folio 99, placitum 60.
Facts: Def. came at night to pl.’s house to buy wine. Door was closed, so def. knocked on it with his hatchet. Pl.’s wife put her head out of the window and told def. to stop. Def. struck at pl.’s wife with the hatchet but missed.
Issue: Can pl. recover damages for an assault when there is no harm done?
Held: If you “with force and arms…make an assault” on someone, they are entitled to recover damages from you. Pl. is able to recover damages because this constituted an assault.
Analysis: Although no harm was done, an assault was intended and punitive damages were awarded.
At the Assizes, 1348.
Y.B.Lib.Ass. folio 99, placitum 60.
Facts: Def. came at night to pl.’s house to buy wine. Door was closed, so def. knocked on it with his hatchet. Pl.’s wife put her head out of the window and told def. to stop. Def. struck at pl.’s wife with the hatchet but missed.
Issue: Can pl. recover damages for an assault when there is no harm done?
Held: If you “with force and arms…make an assault” on someone, they are entitled to recover damages from you. Pl. is able to recover damages because this constituted an assault.
Analysis: Although no harm was done, an assault was intended and punitive damages were awarded.
1 Comments:
Pfffft. That's so easy. I could totally do law school.
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