BU231 Lecture Notes - Lecture 3: Trademark Infringement, Fiduciary
Document Summary
Professional liability: specialists within fields of expertise are held to a higher standard than generalists, the professionals, i. e. doctors, lawyers, accountants, etc. may be held to an even higher standard and must avoid conflicts of interest. Economic loss: hedley byrne, house of lords articulated the principle that a party is able to sue for pure economic loss under tort law without recourse to contract law. Negligent misrepresentation: representation = statement, statement can be made that is untrue. If it is intentionally made (a lie), then it is fraudulent misrepresentation: test: Inducing breach of contract: where on party induces another party to breach his contract with a 3rd party. Economic relations: where threats or other unlawful means are used to convince one part to cease doing business with another. Product defamation: where o(cid:374)e party i(cid:374)te(cid:374)tio(cid:374)ally (cid:373)akes u(cid:374)true or disparagi(cid:374)g re(cid:373)arks a(cid:271)out a(cid:374)other"s produ(cid:272)t i(cid:374) advertising their own product.
