Law of Torts

Question 1

What is a Tort?

Answer 1

Tort refers to some recognized civil wrong that gives rise to a civil remedy.

Question 2

What are the elements must be present for Tort of negligence to give rise to liability?

Answer 2

In order to be liable,

1. Duty of Care
2. breached that Duty of Care
3. causation
4. The loss is not too remote

Question 3

What is Tort of passing off & its condition?

Answer 3

Tort of passing off seeks to protect against certain types of unfair competition.

1. There is goodwill (benefit attached to the good name) or reputation attached to his business
2. There is a misrepresentation by the defendant that the goods and services offered by him are the same as those offered by the plaintiff
3. He has suffered or is likely to suffer loss.

Question 4

What is Tort of Confidence?

Answer 4

1. Information must be of confidential nature
2. Must import an obligation of confidence
3. There must be an unauthorized use or disclosure of the confidential information without consent.

Question 5

What are the remedies for Tort of passing off?

Answer 5

1. Injunction
2. Damages
3. Account for profits.

Question 6

What are the remedies for Tort of confidence?

Answer 6

1. Injunction
2. Damages
3. Account for profits
4. Delivery up of infringing material

Question 7

What are the defenses to negligence?

Answer 7

1. Voluntary assumption of risk
2. Contributory negligence
3. Exclusion or limitation clause