Fraser v Berkeley: 1836

The defendant had written a book and the plaintiff had written a rather caustic criticism of it which reflected not only on the defendant’s skill as an author but on his character and that of his family. This annoyed the defendant very much, and with his brother he went to the plaintiff’s shop and gave him a very severe beating indeed with his fists and a horse-whip.
Held: Lord Abinger in summing up told the jury that in assessing the damages they could properly take into account the plaintiff’s conduct and the imputations which he had made against the defendant and his family.


Lord Abinger


[1836] 7 Carrington and Payne 621

Cited by:

CitedLane v Holloway CA 30-Jun-1967
In the context of a fight with fists, ordinarily neither party has a cause of action for any injury suffered during the fight. But they do not assume ‘the risk of a savage blow out of all proportion to the occasion. The man who strikes a blow of . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages

Updated: 10 May 2022; Ref: scu.258464