Professional Documents
Culture Documents
1
INTENTIONAL TORTS – TRESPASS TO PERSON
ASSAULT
***Often an assault will occur prior to a battery – a plaintiff may then sue in both torts***
To establish a cause of action for assault, the onus of proof is on (the plaintiff) to prove each
of the following elements:
o The defendant must have the subjective intention to create in the mind of the
plaintiff an apprehension that the threat will be carried out (Connex Trains v
Chetcuti)
o Silence may constitute an assault (R v Ireland) (e.g. making repetitive calls and
not saying anything)
o A threat to someone made over the telephone may constitute an assault if it
intentionally raises a reasonable apprehension of imminent bodily contact (Barton
v Armstrong)
o The plaintiff must have knowledge of that act or threat (e.g. cannot be asleep at
the time)