The tort of passing off & Criminal offence

CConnie7y ago

Hi Mike I am confused about the answer of the following two questions. 1.Which TWO of the following about the tort of passing off are true? A The defendant must prove that goodwill exists in the name being passed off B Customers must understand who they are buying good from C Damages for loss of trade may be awarded D The claimant must prove there has been a misrepresentation by the defendant The answer is BD , but I think it may be AD. 2.Bill has been accused of committing a criminal offence. Which TWO of the following statements about Bill are correct? A His guilt may be decided by a jury B His guilt must be proven in the balance of probabilities C If he is found liable a prison sentence may follow D His case may be heard in the magistrates’ court The answer is AC. But I don’t know why it may not be heard in a magistrates’ court. Could you please kindly explain these for me? Thank you very much.

MikeLittleTutor7y ago#1

For question 1 option A makes no sense! The defendant in a passing-off case is the 'naughty' party that is trying to get some benefit from using a similar name. To be a sensible option, it would have to be the claimant that has to prove the existence of goodwill For question 2 I believe that the option C is incorrect - in a criminal case, if found against the alleged criminal, the expression is 'guilty' not 'liable' So, if option C were to be correctly worded, it would be worded as "If he were to be found guilty …." I'm therefore agreeing with you … I believe that the correct two should be options A and D OK?

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