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.
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.
Related cases on trespass to the person
- Austin v Commissioner of Police of the Metropolis [2009] UKHL 5, [2009] 1 AC 564
- Bird v Jones (1845) 7 QB 742
- Collins v Wilcock [1984] 1 WLR 1172
- F v West Berkshire Health Authority (Re F (Mental Patient: Sterilisation)) [1990] 2 AC 1
- Herd v Weardale Steel, Coal and Coke Co Ltd [1915] AC 67
- Letang v Cooper [1965] 1 QB 232
- Meering v Grahame-White Aviation Co Ltd (1919) 122 LT 44
- Murray v Ministry of Defence [1988] 1 WLR 692
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