A abuses B. B takes out his sword and tells A ‘Next time, if you use such language, I will kill you’. Has B committed any tort?
B has committed the tort of “Assault”.
Assault is the unlawful laying of hands on another or an attempt to do a corporal hurt to another, coupled with present ability and intention to do the act.
B has fulfilled all the essential constituents for the tort of assault namely:
- He has made a gesture or preparation to constitute the threat of force, by taking out his sword.
- Such gesture or preparation of taking out the sword causes reasonable fear of force.
- B has the present ability and intention to cause harm. So, B has committed the tort of “Assault”.