CRITICAL EXAMINATION OF ASSAULT AS A TORT OF TRESPASS TO PERSON

CRITICAL EXAMINATION OF ASSAULT AS A TORT OF TRESPASS TO PERSON

ABSTRACT

The conception held by many including the average man on the streets about assault is that it connotes battery i.e. the direct act of a person that causes bodily contact with another person in an unlawful way without his consent. This definition is against the real meaning of assault in most jurisdictions since assault truly means an unlawful act of putting another person in the imminent fear of battery. However, the term assault is used concurrently with battery instead of being a separate tort/crime in Nigeria as revealed in the Criminal Code of Nigeria. This research work portrayed assault as it should be; the fear of battery.

Furthermore, the work reflects some other forms of assault as a trespass to person which notably   includes   aggravated  assault   and   a   relatively   unrecognized   attempted   assault.Aggravated assault could pass for a distinct legal offence and it was discussed in details as to why it is such a grievous tort while the research work made an appeal for there cognition of attempted assault as a distinct offence too. The study was able to reveal that  an   attempt  to  commit  a  distinct  offence  should   also  be  an   offence  and  as   such attempted assault should be pronounced as a separate offence.

Conclusively, this research work shows the elements that constitute assault, the defences available to a person that has been charged with assault and lastly the remedies available to an aggrieved party.

TABLE OF CONTENTS

TABLE OF CASES

LIST OF STATUTES

• 1999 Constitution of the Federal Republic of Nigeria
• African Charter on Human and People’s Rights 1986
• England Criminal Justice Act 1967
• Law Reform (Torts) Law 1961
• Laws of Eastern Nigeria 1963
• Laws of England
• Laws of Lagos State 1973
• Laws of the Northern States 1963
• Laws of the Western States
• Laws of Western Nigeria 1959
• Limitations Act 1963
• Nigeria Criminal Code Cap. 42 Laws of the Federation 1958
• Nigeria Penal Code Cap. 89 Laws of the Northern Nigeria 1963
• Statutes of General Application 1900
• Universal Declaration of Human Rights 1948

• CRITICAL EXAMINATION OF ASSAULT AS A TORT OF TRESPASS TO PERSON