Tort Law Basics Flashcards

What is the tort of 'passing off'?

Answer: Misrepresenting goods or services as those of another business, damaging that business's goodwill

Passing off protects unregistered goodwill. The claimant must establish: (1) goodwill in their name/mark, (2) a misrepresentation by the defendant likely to confuse customers, and (3) actual or likely damage to goodwill (Reckitt & Colman v Borden [1990]).

What is 'conversion' in the law of torts?

Answer: An intentional act inconsistent with the claimant's ownership or right to possession of personal property

Conversion is the tort of intentionally dealing with goods in a manner inconsistent with the claimant's right to possess them. It can include taking, destroying, or refusing to return goods.

What are 'exemplary (punitive) damages' in tort?

Answer: Damages exceeding compensation, awarded to punish outrageous conduct by the defendant

Exemplary (punitive) damages go beyond compensation and are designed to punish and deter. Following Rookes v Barnard [1964], they are limited to: arbitrary/oppressive government conduct, calculated profit-seeking torts, and cases where statute allows.

What is the 'Bolam test' for professional negligence?

Answer: A professional is not negligent if they acted in accordance with a practice accepted as proper by a responsible body of professional opinion

The Bolam test (Bolam v Friern Hospital Management Committee [1957]) holds that a professional (especially medical) is not negligent if their conduct conformed to a practice accepted as proper by a responsible body in that profession, even if others would have acted differently.

What modification did Bolitho v City & Hackney HA [1997] make to the Bolam test?

Answer: The professional opinion relied upon must have a logical basis and withstand logical analysis

In Bolitho, the House of Lords held that the body of professional opinion relied upon in the Bolam test must be capable of withstanding logical analysis — courts can reject professional opinion that is not logically defensible.

What is the limitation period for bringing a personal injury claim in negligence?

Answer: Three years from the date of knowledge or the cause of action, under the Limitation Act 1980

Under the Limitation Act 1980, a personal injury claim must generally be brought within three years from either the date on which the cause of action accrued or the date of knowledge (whichever is later). The court retains a discretion to extend time.