Read v Coker

A threat of violence by people who were in a position to carry it out immediately was an assault, even though no blow was struck.

Citation
(1853) 13 CB 850
Court
Court of Common Pleas
Year
1853
Subject
Tort Law
Topic
Trespass to the person

Facts

Mr Read rented premises from Mr Coker, and fell behind with his rent. Mr Coker gathered some of his workmen, who surrounded Mr Read, rolling up their sleeves and threatening to break his neck if he did not leave the premises. Mr Read left, fearing that he would be struck. He sued Mr Coker for assault.

Legal principle

The court held that Mr Coker had committed an assault. Jervis CJ said that there was a threat of violence exhibiting an intention to assault, and a present ability to carry the threat into execution. The workmen were close to Mr Read and had the means of striking him, so his fear of immediate violence was reasonable. It was not necessary for any blow to be struck.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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