Business Law | Part 2 | Assignment

Running head- BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

Business Law1
Part 2
Answer to 1
The rule of the passing off restricts any trader from using any trademarks that are
deceptively similar to the other trader. It prevents the trader from misrepresentation of any
kind of goods or services that are similar to the goods and the services of the other trader. In
general, it is a cause of the action stated under the Trade Mark Act, concerning the
representation of the deceptive representation of the goods or services by the trader or the
manufacturer (Austin, 2016). In the following case, Allan and Monica started their business
in the name of Compact that was similar to an already existed company with the same nature
of work and the name Compaq. Even they copied their colour pattern which was exclusively
used by Compaq. In that case, Alaan and Monica used the name that was deceptively similar
to that of Compaq. So The Compaq will be the plaintiff and Allan, and Monica will be the
defendants. The remedy that shall be provided to the plaintiff would include the protection of
goodwill of the business and not letting the defendant use such deceptive name or
combinations for their business.
Answer 2
The interference in the contractual relations generally occurs in cases where any
person knowingly or intentionally impose harm or damages the business of the third party
that imposes economic harm to the business of the third party. In tort is also known as the
tortious interference. It is relevant in this case as both Alan and Monica were aware that
International Tire Inc was one of the largest customers of National Business Systems.
However, knowing that on several occasions, persuaded the customers of the National
Business to switch to their business. They did it knowing the fact that that might cause a

Business Law2
grave impact in the economic condition of National Business system. In filing a suit, the
National Business shall be the plaintiff and Allan, and Monica shall be the defendant. The
plaintiff shall be eligible to claim for the punitive damages. Other remedies also consist of the
injunction relief.
Answer to 3
In this case, the statement of Monica in order to persuade the customers of the
National Business system may amount to defamation. As per the provision, any act that
causes harm to the reputation of a person or his business in any way amounts to defamation
(Young, 2017). In this case, both f them deliberately persuaded the customers knowingly and
intending to damage their sale and the reputation of the business company. Defamation can
be of two kinds libel and slander. In this case, they have committed the offence of slander.
Libel is the written statement of defamation, whereas slander is the oral form of defamation.
The defence that both of them can use is the fair report of the proceeding and innocent
dissemination.
Answer to 4
The restrictive covenant that was signed by Allan and Monica shall be enforceable by
the courts. These restrictive measures are induced in their terms of employment of the
employee-employer relationship and are applicable upon the termination of the employee.
These measures are generally imposed by the employers where they restrict the employees
for a specific period in joining another competitive company or start up a new business that
shall be a competition for the company (Smit & Valiante, 2015). In this case, both of them
sighed the contract, and it was clearly stated that they should not join any competitive
company or start-up within three years. So they have breached it as they were terminated in
the year 2013 and started the new company in 2014.