Malaysian Tort Trespass
ASSIGNMENT TORT The liability involved is trespass to person which consists of assault, battery and false imprisonment. The first issue is whether the act of Alice showing her fist to Robert constituted to assault. Assault is according to Winfield can be interpreted as an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of the battery on him by the defendant. There are four elements which needs to be established before saying that person is committing an assault which are the defendant state of mind, reasonable apprehension, immediate action and capacity to carry out the act.1 The first element is the defendant state of mind. The defendant must intend to do the act, with the intention to frighten the claimant, not that he intended to use violence and cause harm. This can be clearly seen in the case of R v St George. In this case, the act of the def pointing out an unloaded gun towards the plaintiff is constituted as assault because the plaintiff didn’t know that the gun was unloaded. The defendant act of pointing an unloaded gun towards the plaintiff clearly shows that the defendant has intention to frighten the plaintiff. In this case, the act of Alice showing her fist toward Robert and said “…better watch out next time!” means that she intended to frighten Robert so that that guy won’t jostles her again. Therefore, there is intention. The second element is reasonable apprehension. It means that Robert must “expect” force will be inflicted towards him. It is also can be determined by, if a reasonable man, faced with the same situation that Robert was in, would he feel apprehensive that a force would be inflicted upon him? The force here means some force that would put a reasonable man in a reasonable fear of such attack.
In the case of R v St George, it is held that pointing an unloaded gun without the plaintiff knowing it, is constituted as assault. It is because it is reasonable to feel
In the case of R v St George, it is held that pointing an unloaded gun without the plaintiff knowing it, is constituted as assault. It is because it is reasonable to feel
Bibliography: All Answers Ltd. (n.d.). Retrieved December 16, 2012, from http://www.lawteacher.net/tort-law/cases/trespass-to-person-cases.php Talib, N. (2012). Law of Torts in Malaysia. Petaling Jaya: Sweet & Maxwell Asia.