Ask a question from expert

Ask now

Answer about Tort Law 2022

This assignment is a group project where students are required to read a case and answer questions related to it.

12 Pages2183 Words15 Views
   

Added on  2022-10-18

Answer about Tort Law 2022

This assignment is a group project where students are required to read a case and answer questions related to it.

   Added on 2022-10-18

BookmarkShareRelated Documents
Running head: TORT LAW
TORT LAW
Name of Student
Name of University
Author Note
Answer about Tort Law 2022_1
1TORT LAW
Table of Contents
Answer 1..........................................................................................................................................2
Answer 2..........................................................................................................................................3
Answer 3..........................................................................................................................................4
Answer 4..........................................................................................................................................5
Answer 5..........................................................................................................................................6
Answer 6..........................................................................................................................................6
Answer 7..........................................................................................................................................7
Answer 8..........................................................................................................................................7
Answer 9..........................................................................................................................................8
Answer 10........................................................................................................................................9
Reference.......................................................................................................................................10
Answer about Tort Law 2022_2
2TORT LAW
Answer 1
An act or omission of any act that has been prohibited by law can be defined to be crime.
In a broad way crime can be viewed as immoral, antisocial or sinful behavior or violation of any
standard. However any act or omission cannot be termed as crime unless it has been expressedly
prohibited by law.
The term ‘tort’ is seen to be derived from the Latin word ‘tortum’ which means wrong or
injustice. Tort can be defined as a wrongful act injuring or interfering with any individual’s
person or property (Goldberg, Sebok & Zipursky, 2016). A tort can be of two types- intentional
or unintentional negligence or tort of strict liability.
Although there are certain points of similarities between the tort law and the criminal
law, however there are many differences between the two. The points of difference between the
two are:
1. Tort can be described as the wrongdoing against any individual’s person or property. Crime
can be described as wrongful act or omission towards either the State or the society as a whole.
2. The main purpose of the tort law is the compensation of damages for the loss or harm the
victim had to suffer. Criminal law on the other hand is seen to be protecting the society from
crimes.
3. The wrongdoer in case of a tort could be sued by the aggrieved party in a civil court. In
Criminal law, the state can be seen to responsible for the charge of a criminal.
Answer about Tort Law 2022_3
3TORT LAW
4. The law of tort can mainly be based on common law and precedence. Criminal laws can
mostly be seen to be based on the statutes that had been made by the legislature.
5. In case of tort law the burden of proof lies greatly in the evidence. In criminal law the burden
of proof lies with the crime to be proved beyond reasonable doubt.
Answer 2
Passing off can be defined under section 7 of Trade-marks Act as making false
representation that can likely be seen to inducing any person to be believing that the goods or
services belonging to another person is of the person making the representation.
The term can be considered an issue in this case as Max and Luke can be seen to be
passing off their firm by closely mimicking the firm they had previously worked on.
The defendants in this case are Max Thompson and Luke Morrison and their business
Three City Landscapers.
The plaintiff in the case is the Tri-City Landscapers Ltd.
In this case the plaintiff needs to prove that the defendants had established that their
products enjoy a goodwill in the minds of the customers, closely mimicked their firm’s name,
trademark, logo and advertisement to deceive the public and that mimicking had caused actual
harm or has a potential to be causing harm to the plaintiff as held by the Supreme Court of
Canada in the case Ciba-geigy Canada Ltd v Apotex Inc [1992].
The remedies available for passing off is the claim of damage to the plaintiff where the
defendant would be held liable for the loss that had actually been suffered by the plaintiff by way
Answer about Tort Law 2022_4

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Business Law: Torts, Crimes, and Legal Liabilities
|8
|2095
|87

Tort and Duty of Care in Business Law
|7
|1545
|71

Tort Law: Elements of Negligence and Defenses
|8
|1446
|179

Tort Law: Definition, Elements, Defenses, Damages, and Reform
|7
|1292
|484

Commercial Law: Negligence and Misrepresentation
|9
|1821
|125

Tort Law and Duty of Care: Explained and Analyzed
|7
|1523
|55