Facts
The put his hand on his sword and said: 'If it were not assize-time, I would not take such language from you.'
Issue
Can words cancel out a threatening gesture so that there is no ?
Held
There was no assault, because his words showed that he would not use force.
Principle
Words can negate what would otherwise be an assault, since they remove the fear of immediate violence.
Why it matters
The standard example of words preventing an assault.
Cited in these chapters
Cite this page
Tuberville v Savage (1669) 1 Mod 3 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/tuberville-v-savage> accessed 31 October 2026
The accessed date is today's date. Check your course or publisher's style guide.
This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.