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.

Question

Quizplus · Accepted Answer

The plaintiff does not need to establish beyond a reasonable doubt that the misrepresentation has taken place. The burden of proof is on the balance of probabilities, which is a lower standard than beyond a reasonable doubt.

Which of the Following Is NOT an Element of the Tort