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English Law

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Chapter Summary

This chapter deals with more than 100 Acts and Statutory Regulations, precedents and self-regulatory Codes of Conduct. It discusses a number of torts, regulations and codes of conduct and discusses the question of whether the tort of passing off relates to a wider concept of unfair trading. Before examining how unfair trading practices are addressed under English law, it is important to outline the system of torts under English law, and to examine why no tort of unfair competition exists under English law. So, English law demonstrates a closed system of torts. A diverse set of statutory legislation can lead to civil remedies or criminal convictions in the case of a misleading advertisement. Certain misleading advertisements, that infringe a private right of an individual, may lead to civil claims under common law. The English law provides various means to counter unfair trading practices.

Keywords: business torts; English law; misleading advertisement; statutory legislation; unfair trading practices



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