Tauberville v Savage
From Uni Study Guides
Citation: Tauberville v Savage 1796) 1 Mod 3.
This information can be found in the supplementary materials to LAWS1052 - Introducing Law & Justice.
Contents |
Background facts
- The plaintiff insulted the defendant.
- In response, the defendant put his hand upon his sword and said 'If it were not assize-time, I would not take such language from you' (assize time means that the travelilng judges ('assizes) were in town).
Argument
- The plaintiff believed that the defendant’s action to place his hand upon his sword constituted assault.
Legal issues
Judgment
- The defendant’s statement was, in effect, a promise that he would not assault the plaintiff (ie, the statement nullified the threat).
- The defendant’s words actually showed he did not intend to assault the plaintiff.
- Hence no assault, since assault requires the intention as well as the act.
