Wednesday, September 26, 2012

Tuberville v. Savage (1669)


a.       Facts- P sued D for battery. D countered by claiming P assaulted D by putting his hand on his sword and saying “If the courts were not it session, I would not take such language from you”.
b.      Procedural History- P was entitled to judgment
c.       Issue- Whether the P’s statement and action can constitute assault
d.      Holding- No, P’s statement and action could not constitute assault
e.       Rule- Need both intent and act to constitute assault
f.       Rationale- P did not put apprehension of imminent danger in D
g.      Notes:
                                                              i.      Words can negate a potential assault…AND words can also help show an assault

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