Final Ch. 26

Question 1

Passing Off

Answer 1

committed where the defendant falsely attributes to its own product some distinctive feature (ex. packaging) likely to persuade members of the public that it is associated with the claimants business

Question 2

Passing off prove (5)

Answer 2

1. The defendant made a false statement
2. Statement was made in the course of trade
3. Statement must be published to the claimant’s customers
4. Damage to the claimant’s business must be reasonably foreseeable
5. Damage or sufficient probability of damage must result.

Question 3

Malicious falsehood

Answer 3

Intentional or reckless statement causing damage to business interests

Question 4

what information is confidential?

Answer 4

depends on case, Moral justification for secrecy or revelation and the issue of public interest will be relevant to determine whether liability exist

Question 5

Duty of confidence (3)

Answer 5

1. informally (friends and family)
2. operation of law (anyone)
3. contract

Question 6

damage actionable

Answer 6

economic loss, courts will acknowledge distress

Question 7

public interest defence

Answer 7

a defendant who can prove that there was a duty to reveal the confidential information in the public interest may avoid liability

Question 8

Remedies (3)

Answer 8

1. Injunction
2. Damages
3. Account for profits