Cockcroft V Smith
   HOME

TheInfoList



Click Here for Items Related To - Cockcroft V Smith
OR:
Cockcroft V Smith on:   [Wikipedia]   [Google]   [Amazon]

''Cockcroft v Smith'' (1705) 11 Mod 43 is an
English tort law English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requi ...
case. It concerned the definition of legitimate
self defence Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...
.


Facts

Mr. Cockcroft ran his finger towards Mr. Smith's eyes. Mr. Smith bit off part of Mr. Cockcroft's finger.


Judgment

Holt CJ Sir John Holt (23 December 1642 – 5 March 1710) was an English lawyer who served as Lord Chief Justice of England from 17 April 1689 to his death. He is frequently credited with playing a major role in ending the prosecution of witches in Eng ...
said in the course of his judgment, {{Cquote, if a man strike another, who does not immediately after resent it, but take his opportunity, and then some time after falls upon him and beats him, in this case, ''son assault'' is no good plea; neither ought a man, in case of a small
assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
give a violent or an unsuitable return; but in such case plead what is necessary for a man's defence, and not who struck first; though this, he said, has been the common practice, but this he wished was altered; for hitting a man a little blow with a little stick on the shoulder, is not a reason for him to draw a sword and cut and hew the other...


See also

*
English tort law English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requi ...
*
battery Battery most often refers to: * Electric battery, a device that provides electrical power * Battery (crime), a crime involving unlawful physical contact Battery may also refer to: Energy source *Automotive battery, a device to provide power t ...
*
Self defence Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...
*'' Green v Goddard'' (1702) 2 Salk 641 *'' Lane v Holloway''
968 Year 968 ( CMLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (th ...
1 QB 379 *'' Ashley v Chief Constable of Sussex Police'' 0071 WLR 398 *
Criminal Law Act 1967 The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force. Territ ...
s 3 *
Criminal Justice Act 2003 The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland an ...
s 329


References

*B Feldthusen, 'The Canadian Experiment with the Civil Action for Sexual Battery' in NJ Mullany (ed) ''Torts in the Nineties'' (Sydney, Law Book Co 1997) English tort case law 1705 in law 1705 in England Lord Holt cases Court of King's Bench (England) cases