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Old 10-11-2008, 08:52 AM
xelasnave's Avatar
xelasnave
Gravity does not Suck

xelasnave is offline
 
Join Date: Mar 2005
Location: Tabulam
Posts: 17,003
I have not been in the legal game for a while but I do recall that an assualt is the act of threatning violence..the violence is "the battery".

So if you feel threated this may constitue an assualt and entitle you to comence a civil action..there are other lawyers here who may recall the "test" case but the fact were loosely...a person at a table at a meeting moved toward the chairman in a threatning manner..there were no blows but it was held that blows were npot necessary for an assualt.

Anyways the realities of taking the law into your own hands..via a civil action means that your opponent is presented with the prospect of high leagal fees (as indeed is the person starting the action) Dont be fooled that you get costs in the event of a sucess as those costs are "party party" costs and may almost certainly be well below the fees your lawyer will charge.

I mention this because of a matter referred to me where the amount in contention was $30,000 but the clients legal costs were some $500,000..unbelieveable that this difference was not pointed out to the parties as the party party cost would not have equalled the amount in contention.

However I say folk like this make enemies all over and their stupidity seems to catch up with them.
Certainly do not comtemplate reprisals...
alex