CASE B

Stephensv.Myers(1830 United Kingdom)

At a parish meeting, the defendant, Myers, threatened and attempted to assault the plaintiff, Stephens, who was acting as chairman. During the course of an angry discussion, a majority of people at the meeting voted to kick out the defendant. The defendant said that he would rather pull the chairman out of his chair than leave the room. Then he rose from his seat and walked towards the plaintiff with his fist raised, but was stopped by the churchwarden, who sat next to the chairman, before he could get close enough to attack the chairman. The witnesses said that it seemed to them that Myers was advancing with the intention to strike Stephens.

CASE C

Tubervillev.Savage(1699 United Kingdom)

During an argument, the plaintiff had put his hand on his sword and made the following statement: "If the traveling judges were not in town right now, I would not take such language from you." Following this, the defendant struck the plaintiff, causing the plaintiff to lose his eye.

The plaintiff successfully sued the defendant, who had to pay the plaintiff damages for assault, battery and wounding.The defendant claimed that the plaintiff had assaulted him first, and that he was acting in self-defence. The judge disagreed, stating that the plaintiff's actions were not assault, and that the defendant's actions were not justified as self-defence.

question:

For each of Cases B and C,discuss whether assault, battery, orboth occurred. Use the terms "plaintiff", "defendant", and "liable".