Junior Ganymede » assizes http://www.jrganymede.com We endeavor to give satisfaction Tue, 07 Feb 2012 19:04:24 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 “If it were not assize-time, I would not take such language from you.” http://www.jrganymede.com/2009/09/14/if-it-were-not-assize-time-i-would-not-take-such-language-from-you/ http://www.jrganymede.com/2009/09/14/if-it-were-not-assize-time-i-would-not-take-such-language-from-you/#comments Mon, 14 Sep 2009 15:06:11 +0000 GST http://www.jrganymede.com/?p=1286 The Serena Williams outburst naturally brought to mind Tuberville v. Savage, (1669) 1 Mod Rep 3, 86 ER 684, in which it was held that the statement above, coupled with the gesture of putting a hand on the sword as though to draw it, did not constitute assault, as the statement was an expression of intent to not do any harm.

So to it seems with Ms. Williams’ oath, “If I could, I would take this ******* ball and shove it down your ******* throat.”  The qualifier “if I could” seems to recognize that she cannot, and will not, shove the cursed ball down anyone’s cursed throat.

Not polite, and not very sporting, but not assault, even if coupled with a threatening gesture with the ball.

Dont make me come over there and teach you something about the common law tort of assualt.

Don't make me come over there and teach you something about the common law tort of assault.

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