Law – 4 Law of tort | e-Consult
4 Law of tort (1 questions)
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Model Answer:
- Actus Reus – Apprehension of Immediate Unlawful Violence: The claimant must have a reasonable apprehension of an immediate, unlawful application of force. The threat need not be successful, but it must be imminent.
- Mens Rea – Intent or Recklessness: The defendant must intend to cause the apprehension, or be reckless as to whether such apprehension is caused.
- Absence of Lawful Justification: The act must be unlawful; a lawful act (e.g., a police officer using reasonable force) does not constitute assault.
Defences:
- Consent: If the claimant has voluntarily consented to the threatened conduct (e.g., in a sporting context), there is no assault.
- Self‑defence: The defendant may rely on self‑defence if the force (or threat of force) was reasonable in the circumstances.
- Lawful Authority: Acts performed under a statutory power or legal authority (e.g., a security guard acting within his powers) may defeat liability.