AN ANALYSIS ON THE DEVELOPMENT OF THE TORT OF DECEIT AND PASSING-OFF

AUTHOR – J GOWRI, STUDENT AT SYMBIOSIS LAW SCHOOL, HYDERABAD

Best Citation – J GOWRI, AN ANALYSIS ON THE DEVELOPMENT OF THE TORT OF DECEIT AND PASSING-OFF, ILE JOURNAL OF TORT LAW STUDIES (ILE JTLS), 1 (1) of 2023, Pg. 21-26, APIS – 3920 – 0030 | ISBN – 978-81-961791-1-3.

Abstract

The act of deceit is said to be caused when there occurs a wilful misrepresentation that ultimately leads to unlawful loss or injury to the person acting in reliance of the same. This particular concept of tort jurisprudence has significantly contributed to the judicial developments in the early English Law. The tort of passing-off is something that is based on the protection of goodwill and the equity principles served as significant sources that shaped passing off as a property right. These concepts require further analysis due the fact that there exists a significant complexity in the tort of deceit or passing-off due to the fact that there comes a requirement of establishing proof of wrongful act in order to achieve any sort of remedy. The present article aims to thoroughly analyse the evolutionary and developmental aspects of the tort of deceit and passing-off through the identification of important judicial decisions that accentuated the process and arrive at suitable conclusions regarding the same.

Keywords: Deceit, Passing off, Equity law, torts, classic trinity, misrepresentation.