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?

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  • 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?
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Answer:

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:

 

  1. He has made a gesture or preparation to constitute the threat of force, by taking out his sword.

 

  1. Such gesture or preparation of taking out the sword causes reasonable fear of force.

 

  1. B has the present ability and intention to cause harm. So, B has committed the tort of “Assault”.
Last Updated On January 30, 2018
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