普通法-案例分析筆記(完整版)
【正文】 ok: at the same time the doctor is not entitled to make the final decision with regard to treatment which may have disadvantages or dangers , where the patient’s heath and future are stake ,the patient must make the final decision. Thus, the right to make the final decision and the duty of the doctor to inform the patient if the treatment may have the special disadvantages or dangers go hand in hand.False imprisonment非法監(jiān)禁: l infliction of bodily restraint, which is not expressly or impliedly authorized by the lawl Any restraint of liberty, and can occur anywhere (not just a prison)l Restraint must be pleteBird v. Jones, 7 Ad. amp。 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
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