Which of the Following Is NOT an Element of the Tort

question 31

Multiple Choice

Which of the following is NOT an element of the tort of passing-off?

• A)The plaintiff's services and goods must enjoy a reputation that is of some value worth protecting.
• B)The plaintiff must have suffered damage in consequence of passing-off.
• C)The defendant must have misrepresented its goods,service,or business as those of the plaintiff.
• D)The plaintiff must establish beyond a reasonable doubt that the misrepresentation has taken place.
• E)There must either be actual confusion or a likelihood of confusion in the public's mind between the goods and services of the plaintiff and those of the defendant.

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Definitions:

Price Elasticity

A measure of how much the quantity demanded of a good responds to a change in the price of that good, indicating the goods' sensitivity to price changes.

Demand Schedule

A table that shows the quantity of a good or service that consumers are willing and able to buy at various prices.

Unity

A state or condition of being one; in economics, it might refer to a unity of purpose or action among individuals or entities.

Nondiscriminating

A term used in various contexts to describe actions or policies that apply uniformly to all members of a group without exceptions based on any specific characteristics.