A Level Law Practice Exam

Which case established that written words could constitute an assault?

1. Latimer

2. Pembliton

3. Constanza

4. Callow v Tillstone

The correct answer is: Constanza

The case that established that written words can constitute an assault is Constanza. In this case, the court determined that the threat conveyed through written communication could induce fear of immediate violence, which is a key component of assault. Assault is typically defined as an act that causes another person to apprehend the infliction of immediate physical harm. Traditionally, this has been associated with physical actions. However, in Constanza, the act of sending a series of threatening letters demonstrated that words alone, when sufficient to instill fear in the recipient, can fulfill the requirement for assault. This broadened the understanding of what might constitute an assault beyond just physical gestures or actions. The other cases mentioned focus on different aspects of assault or criminal law. Latimer involves a defense for an assault charge, Pembliton dealt with unintended consequences of actions, and Callow v Tillstone is more focused on liability in a contractual context. These distinctions emphasize why Constanza is pivotal in recognizing the role of written communication in the context of assault.