14. False Representations

2015 ◽  
Author(s):  
Christian Witting
Keyword(s):  
Tort Law ◽  
Passing Off ◽  
Different Types ◽  
Financial Interests

This chapter examines the protection provided by tort law against false representations. It explains that false representation is the unifying term which refers to torts designed to protect the financial interests of the claimant against the improper actions of others. It discusses the principle of three different types of false representation, these being deceit, passing off, and malicious falsehood.

14. False representations

2018 ◽  
Author(s):  
Christian Witting
Keyword(s):  
Tort Law ◽  
Financial Loss ◽  
Passing Off ◽  
Different Types

This chapter examines the protection provided by tort law against false representations which cause the claimant to suffer some kind of financial loss. It discusses the principle elements of three different types of false representation case, these being deceit, passing off, and malicious falsehood.

14. False representations

2021 ◽  
pp. 349-376
Author(s):  
Christian Witting
Keyword(s):  
Tort Law ◽  
Financial Loss ◽  
Passing Off ◽  
Different Types ◽  
Principal Elements

This chapter examines the protection provided by tort law against false representations which cause the claimant to suffer some kind of financial loss (which is why they frequently are seen as falling within the category of economic torts). The chapter discusses the principal elements of three different types of false representation case, these being: deceit (based on an inducement by the defendant that the claimant rely on the statement even though the defendant was at least reckless as to its truth), passing off (based on deception of the claimant’s customers), and malicious falsehood (usually based on disparagement of the claimant’s goods).

Passing-Off, Goodwill and False Advertising: New Wine in Old Bottles

1986 ◽  
Vol 45 (1) ◽  
pp. 97-125
Author(s):  
Suman Naresh
Keyword(s):  
Common Law ◽  
Tort Law ◽  
Passing Off

Commentators upon the English common law relating to the protection of trade symbols have frequently remarked the uncertainty concerning the true scope of the action for passing-off: its place in the scheme of English tort law has been said not to have been finally determined, and its capacity for growth not to have been exhausted. It is true that this uncertainty has not prevented greatly increased use of the action in recent years; but this is no reason to be complacent, for the judicial extensions of liability under this head owe more to the manipulation of verbal formulae than to a clarification of its foundations. Inconsequence, as passing-off has come to be employed as the vehicle for novel assertions of right-such as those of groups to a shared symbol, of foreign traders to international reputations that have preceded them to these shores, or of pop stars and other ephemera of our culture to the value of their names and likenxsesses in the marketplace—the risk of important interests being ignored, simply through failing to be recognised, has increased rather than decreased.

Street on Torts

2015 ◽  
Author(s):  
Christian Witting
Keyword(s):  
Intellectual Property ◽  
Private Information ◽  
Tort Law ◽  
Final Part ◽  
Public Authorities ◽  
Financial Interests ◽  
The Subject

Street on Torts provides a wide-ranging overview, and a clear and accurate explanation of tort law. The book consists of nine parts. Part I provides an introduction to the subject. Part II looks at negligent invasions of interests in the person, property and financial interests as well as examining the liability in negligence of public authorities. Part III looks at intentional invasions of protected interest. The next part looks at interference with economic and intellectual property interests. Part V is about torts and strict or stricter liability. Part VI considers interests in reputation (i.e. defamation). The next part is about the misuse of private information. The part that follows looks at the misuse of process and public powers. The final part, Part IX, is about parties and remedies.

scholarly journals The Power of Apology: Mercy, Forgiveness or Corrective Justice in the Civil Liability Arena (2007) Vol 1 Art 5

2007 ◽  
Vol 1 (1) ◽  
pp. 1 ◽  
Author(s):  
Prue Vines
Keyword(s):  
Professional Ethics ◽  
Common Law ◽  
Civil Liability ◽  
Tort Law ◽  
Corrective Justice ◽  
Legal Norms ◽  
Legal Advice ◽  
Different Types ◽  
The Common ◽  
The Relationship

The recent rash of apology-protecting legislation in tort law in the common law world raises interesting questions about why apologies are so important. The function of apologies within society generally is not absolutely clear. It is even less clear what their function in relation to civil liability is and how the relationship between the law and apologies works. It is fairly clear that legislators desire apologies to reduce litigation on the basis of some naïve view that that is what people really want and that the common legal advice to never apologise is actually very bad for society in general. In this paper I argue first that defining apologies is crucial to determining their function, that apologies have multiple functions and that one of them is corrective justice. Another is to mediate relationships and to achieve reconciliation or healing through a process of apology, forgiveness and redemption. When should an apology be protected and why can only be answered if we have a real understanding of both the psychological and sociological effects of apologies. In particular we need to understand the interactions of different types of norms, including norms of civility, legal norms, professional ethics and so on. The article attempts to go some way towards this understanding.

Street on Torts

2021 ◽  
Author(s):  
Christian Witting
Keyword(s):  
Product Liability ◽  
Tort Law ◽  
Final Part ◽  
Public Authorities ◽  
Vicarious Liability ◽  
Financial Interests ◽  
History Of ◽  
The Subject

Street on Torts provides a wide-ranging overview, and a clear and accurate explanation of tort law. The book consists of nine parts. Part I provides an introduction to the subject, including examination of protected interests in tort and the history of this branch of law beginning with the ancient trespass torts. Part II looks at negligent infringements of the person, property and financial interests, as well as examining the liability in negligence of public authorities. Part III looks at intentional invasions of interests in the person and property. Part IV looks at misrepresentation-based and general economic torts. Part V is about torts of strict or stricter liability (that is, where fault plays either no part or a lesser part in liability decisions) and includes consideration of nuisance and product liability. Part VI considers interests in reputation (ie defamation). Part VII is about actions in privacy. Part VIII looks at the misuse of process and public powers. The final part, Part IX, is about vicarious liability, parties, and remedies.

The extinction time of a general birth and death process with catastrophes

1986 ◽  
Vol 23 (04) ◽  
pp. 851-858 ◽  
Author(s):  
P. J. Brockwell
Keyword(s):  
Laplace Transform ◽  
Size Distribution ◽  
Sufficient Conditions ◽  
Necessary And Sufficient Conditions ◽  
Death Process ◽  
Extinction Time ◽  
Birth And Death Process ◽  
Different Types ◽  
The Laplace Transform ◽  
Necessary And Sufficient

The Laplace transform of the extinction time is determined for a general birth and death process with arbitrary catastrophe rate and catastrophe size distribution. It is assumed only that the birth rates satisfyλ0= 0,λj> 0 for eachj> 0, and. Necessary and sufficient conditions for certain extinction of the population are derived. The results are applied to the linear birth and death process (λj=jλ, µj=jμ) with catastrophes of several different types.

Differentiating between different forms of moral obligations

2020 ◽  
Vol 43 ◽  
Author(s):  
Rajen A. Anderson ◽  
Benjamin C. Ruisch ◽  
David A. Pizarro
Keyword(s):  
Moral Character ◽  
Moral Obligations ◽  
Different Types

Abstract We argue that Tomasello's account overlooks important psychological distinctions between how humans judge different types of moral obligations, such as prescriptive obligations (i.e., what one should do) and proscriptive obligations (i.e., what one should not do). Specifically, evaluating these different types of obligations rests on different psychological inputs and has distinct downstream consequences for judgments of moral character.

Ultrastructural Investigations of the Contractile Filaments of Amoebae

1974 ◽  
Vol 32 ◽  
pp. 188-189
Author(s):  
P.L. Moore
Keyword(s):  
Cytoplasmic Streaming ◽  
Three Dimensional ◽  
Freeze Fracture ◽  
Amoeboid Movement ◽  
Different Types ◽  
Chemical Conditions ◽  
Complete Interpretation

Previous freeze fracture results on the intact giant, amoeba Chaos carolinensis indicated the presence of a fibrillar arrangement of filaments within the cytoplasm. A complete interpretation of the three dimensional ultrastructure of these structures, and their possible role in amoeboid movement was not possible, since comparable results could not be obtained with conventional fixation of intact amoebae. Progress in interpreting the freeze fracture images of amoebae required a more thorough understanding of the different types of filaments present in amoebae, and of the ways in which they could be organized while remaining functional.The recent development of a calcium sensitive, demembranated, amoeboid model of Chaos carolinensis has made it possible to achieve a better understanding of such functional arrangements of amoeboid filaments. In these models the motility of demembranated cytoplasm can be controlled in vitro, and the chemical conditions necessary for contractility, and cytoplasmic streaming can be investigated. It is clear from these studies that “fibrils” exist in amoeboid models, and that they are capable of contracting along their length under conditions similar to those which cause contraction in vertebrate muscles.

Study of the Molecular Architecture of Keratin Filaments by Electron Microscopy

1982 ◽  
Vol 40 ◽  
pp. 118-119
Author(s):  
U. Aebi ◽  
P. Rew ◽  
T.-T. Sun
Keyword(s):  
Electron Microscopy ◽  
Structural Organization ◽  
Cell Types ◽  
Structural Features ◽  
Molecular Architecture ◽  
The Past ◽  
Keratin Filaments ◽  
Different Types ◽  
10 Nm Filaments ◽  
Different Cell Types

Various types of intermediate-sized (10-nm) filaments have been found and described in many different cell types during the past few years. Despite the differences in the chemical composition among the different types of filaments, they all yield common structural features: they are usually up to several microns long and have a diameter of 7 to 10 nm; there is evidence that they are made of several 2 to 3.5 nm wide protofilaments which are helically wound around each other; the secondary structure of the polypeptides constituting the filaments is rich in ∞-helix. However a detailed description of their structural organization is lacking to date.

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