普通法-案例分析筆記-全文預覽
【正文】 nd was charged with assaulting a police officer in the course of her duty.Me:the defendant refused to answer police woman’s question and walked away when police woman persisted to follow her and took hold of her arm to restrain her. The defendant swore at and scratched the officer’s arm, As a result, the D was arrested and charged with assaulting a police officer in the course of her duty.Issue: whether officer can physically hold suspect without arrest?(P3)Holding:officer’ action is unlawful and amounted to a battery since it went beyond the generally acceotable conduct of touching a person to engage his attention. The defendant39。 P had the contractual obligation to pay fees to leave , D was reasonable to restrain P if he refuse to pay money. a. Trespasses to the person: Battery = (per Trindale)? direct act by the defendant ? which has the effect of causing contact with the body of the plaintiff ? without the plaintiff’s consent (English) Protection from Harassment Act 1977? Prohibits a course of conduct which amounts to harassment which the defendant knows or ought to know amounts to harassment? “Harassment” is not defined, but includes “alarming the person or causing the person distress”, and speech can qualify as harassment? Remedies: civil action – damages, injunction? Damages can be awarded for (just) anxiety or financial lossMalson Nicholas Hugh Bertram v Naresh Kumar Metha 前員工騷擾前雇主Fact:The defendant was the former employee of the second plaintiff pany and had resigned from his employment, the first plaintiff was the chief executive officer of the second plaintiff,the defendant desired to regain his employment,and when that was not forthing he engaged in a series of acts designed to harass both plaintiffs.Issue：能否用harassment 起訴Hold: The plaintiff had no recognizable tort under which to
環(huán)評公示相關(guān)推薦
鄂ICP備17016276號-1