Economic Torts: Passing Off, Injurious Falsehood, Conspiracy - Law Quizzes

Question 1

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

Accepted Answer

The defendant's conduct must be intentional.

Answer

The plaintiff must suffer actual loss.

Answer

The plaintiff must have goodwill in the goods or services.

Answer

The defendant's conduct must be likely to deceive consumers.

Question 2

A false and damaging statement made by a defendant about a plaintiff's business is known as:

Accepted Answer

Injurious falsehood

Answer

Malicious prosecution

Answer

Defamation

Answer

Conspiracy

Question 3

A company claiming that its rival's product is of inferior quality may be liable for:

Accepted Answer

Injurious falsehood

Answer

Passing off

Answer

Conspiracy

Answer

Breach of contract

Question 4

The primary distinction between passing off and injurious falsehood lies in:

Accepted Answer

Passing off involves misrepresentation of origin, while injurious falsehood involves false claims about quality or characteristics.

Answer

Passing off is a civil action, while injurious falsehood is a criminal act.

Question 5

A group of businesses agreeing to refrain from dealing with a particular supplier could be engaging in:

Accepted Answer

Conspiracy

Answer

Passing off

Answer

Injurious falsehood

Answer

Breach of contract

Question 6

A potential defense in a passing off claim could be:

Accepted Answer

The defendant's products are clearly distinguishable from the plaintiff's.

Answer

The defendant's actions were unintentional.

Answer

The plaintiff has not suffered financial harm.

Question 7

A company publishing false information about a competitor's product in an industry magazine may be liable for:

Accepted Answer

Injurious falsehood

Answer

Defamation

Answer

Passing off

Answer

Conspiracy

Question 8

To establish a successful claim for injurious falsehood, the plaintiff must prove that:

Accepted Answer

The defendant's statement was both false and intended to harm the plaintiff's business.

Answer

The defendant's statement reached a wide audience.

Answer

The plaintiff suffered quantifiable financial losses.

Question 9

Which defense is NOT applicable to a claim of conspiracy?

Accepted Answer

The defendant's actions were intended to benefit the plaintiff.

Answer

The plaintiff did not sustain actual damage.

Answer

The defendant's actions were commercially justified.

Question 10

A company deliberately spreading false rumors about a competitor's financial stability to damage its reputation is engaging in:

Accepted Answer

Injurious falsehood

Answer

Defamation

Answer

Passing off

Answer

Conspiracy

Question 11

A company falsely advertises that its new energy drink is endorsed by a famous athlete. This is an example of which economic tort?

Accepted Answer

Passing off

Answer

Injurious falsehood

Answer

Conspiracy

Answer

Breach of contract

Question 12

Which of the following is not an element necessary to establish a successful passing off claim?

Accepted Answer

The defendant's goods must be of inferior quality.

Answer

The defendant's misrepresentation is likely to deceive the public.

Answer

The plaintiff has goodwill in its goods or services.

Question 13

A company publishes a misleading advertisement claiming that a rival company's product is unsafe. This is an example of which economic tort?

Accepted Answer

Injurious falsehood

Answer

Conspiracy

Answer

Passing off

Answer

Negligence

Question 14

Which of the following is a crucial element of an injurious falsehood claim?

Accepted Answer

Publication of a false statement about the plaintiff's goods or services.

Answer

Breach of confidentiality.

Answer

Intentional infliction of emotional distress.

Question 15

A group of businesses conspire to boycott a supplier, causing significant financial losses. This could be an example of which economic tort?

Accepted Answer

Conspiracy

Answer

Injurious falsehood

Answer

Breach of contract

Answer

Passing off

Question 16

Which of the following is not a necessary element for a successful conspiracy claim?

Accepted Answer

The defendants must have a written agreement.

Answer

The plaintiff must suffer damage as a result of the conspiracy.

Answer

The agreement must be unlawful or intended to achieve an unlawful purpose.

Answer

There must be an agreement between two or more parties.

Question 17

A company launches a new product with branding that unintentionally resembles a competitor's branding. What is the most likely defense to a passing off claim?

Accepted Answer

Lack of intention to deceive.

Answer

Statute of limitations.

Answer

Contributory negligence.

Answer

Lack of damage.

Question 18

A publication makes a false statement about a company's products but promptly retracts and corrects the statement. What defense could be used against an injurious falsehood claim?

Accepted Answer

Justification or truth.

Answer

Public interest.

Answer

Fair comment.

Question 19

A group of individuals conspire to harm a business but fail to achieve their goal. Can the business still sue for conspiracy?

Accepted Answer

Yes, if they can prove damage.

Answer

Yes, even if the conspiracy was not illegal.

Answer

No, only if there was an illegal act.

Answer

No, there was no breach of contract.

Question 20

Which economic tort is most likely to be applicable in a case where a competitor spreads false rumors about a rival's products?

Accepted Answer

Injurious falsehood

Answer

Passing off

Answer

Conspiracy

Question 21

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

Accepted Answer

Lack of knowledge on behalf of the defendant

Answer

Damage to the claimant's goodwill

Answer

Misrepresentation

Question 22

In the tort of injurious falsehood, what type of statement must be made by the defendant?

Accepted Answer

Statement that is false and disparaging

Answer

Statement that is made in good faith

Answer

Statement that is made in jest

Answer

Statement that is true but uttered maliciously

Question 23

What is the essential ingredient for a successful action in conspiracy?

Accepted Answer

Proof of an agreement between two or more persons

Answer

Proof of a criminal offence being committed

Answer

Proof of intention to harm the claimant

Answer

Proof of damage caused by the conspiracy

Question 24

Which of the following is a valid defense to the tort of passing off?

Accepted Answer

Genuine use of one's own name or trade mark

Answer

Lack of similarity between the claimant's and defendant's goods

Answer

Consent of the claimant

Answer

Absence of any damage to the claimant

Question 25

In the tort of injurious falsehood, what is the burden of proof for the claimant?

Accepted Answer

To prove that the defendant's statement was false and caused damage

Answer

To prove that the defendant knew the statement was false

Answer

To prove that the defendant intended to harm them

Question 26

Which of the following is NOT a type of damage that can be claimed in an action for conspiracy?

Accepted Answer

Punitive damages

Answer

Pecuniary loss

Answer

Consequential loss

Answer

Loss of reputation

Question 27

What is the key difference between passing off and injurious falsehood?

Accepted Answer

Passing off protects a claimant's goodwill, while injurious falsehood protects their economic interests

Answer

Passing off requires proof of intention to deceive, while injurious falsehood does not

Question 28

Which of the following is a potential defense to the tort of conspiracy?

Accepted Answer

Absence of any agreement between the parties

Answer

Honest and reasonable belief in the truth of the statement

Answer

Lack of damage caused by the conspiracy

Answer

Consent of the claimant

Question 29

What is the primary purpose of the tort of injurious falsehood?

Accepted Answer

To protect economic interests from false and disparaging statements

Answer

To protect reputation from libel and slander

Answer

To prevent unfair competition in trade

Question 30

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

Accepted Answer

Confusion amongst consumers

Answer

Damage to the claimant's economic interests

Answer

Misrepresentation

Answer

Intention to deceive