Friday, October 10, 2014

DeMay v. Roberts case brief summary

DeMay v. Roberts case brief summary

F: P: Roberts (poor married woman)
D: Demay (physician), Scattergood
TC ruled in favor of P, and Ds appealed.
The P was poor woman confined in a bed. Scattergood came with D merely to help D carrying his stuff, and D revealed his identity to P or/and P’s husband. The P believed he was a doctor assisting the D. He indecently, wrongfully, and unlawfully laid hands upon her and assaulted the P.
I: In circumstances where D does not reveal his fellow’s identity and P was mistakenly believed that he was assisting D, whether it is valid consent
Her consent is not valid if obtained by deceit.
It is not necessary to deceive someone to have a consent. Maybe key factor is unmarried man. Woman feel more comfortable with married man. Doctor or nondoctor? 􏲃􏲄􏲅􏲆􏱪 consent􏱝 􏲇􏰕􏱨􏲈, 􏲃􏲄􏲅􏲆􏱪 information􏰜 􏱽􏲃􏲉􏲊 consent􏱧 􏲋􏱺 􏱻􏲌􏰝
Informed consent is needed rather than naked consent.
A: The court says the stranger’s presence was not necessary, so there was no excuse for him being there. If she didn’t know he wasn’t a doctor, she can’t give consent.
C: affirmed.
Co: Trespass?
Could be trespass, not mentioned in this case at bar. Battery? It is admitted here in this case at bar. No cause of action for invasion of privacy, and no cause of action for IIED
Consciousness needed – FI, Assault

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