Passing Off
1. In this tort, the defendant does not play deception or fraud against the plaintiff directly. He uses some deceptive devices or tricks against the customer a third party.
2. In passing off, the proprietory rights of the plaintiff are affected.
3. In passing off, the plaintiff can claim damages as well as he can bring an action against the defendant to protect his proprietary rights, viz, good-will or business.
Image Source: 3.bp.blogspot.com
ADVERTISEMENTS:
4. It is actionable perse, i.e. actionable without proof of damages. Even though, the plaintiff did not suffer any loss by the act of the defendant, still the plaintiff has a right to sue the defendant for the violation of his rights and breach of the trade and merchandise law and other laws.
5. The tort of passing off is a complimentary to the Trade and Merchandise Act and other laws.
6. The of passing off can be played on a good-will or business.
Deceit/Fraud
ADVERTISEMENTS:
1. In this tort, deception or fraud is played by the defendant against the palintiff directly.
2. In deceit or fraud, the plaintiff is put into loss in all kinds of human life.
3. The plaintiff can claim only compensation for the wrong of deceit or fraud by which he was deceived and was put into loss.
4. The plaintiff can institute a proceeding against the defendant, if he actually suffered loss or sustained injury.
ADVERTISEMENTS:
5. The tort of deceit or fraud is independent offence under criminal law.
6. The tort of deceit or fraud can be played in any every walk of human life, including business.