''Cockcroft v Smith'' (1705) 11 Mod 43 is an English tort law case. It concerned the definition of legitimate self defence.

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 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...

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

Facts

Judgment

See also

References