Sayers v Briggs and Co. [1964] JJ 399 (29 June 1964)

Sayers v Briggs and Co. [1964] JJ 399 (29 June 1964)

It is immaterial whether the representation was intentional; the court has inherent power to prevent such wrongs in the absence of local legal authority.

Citation
[1964] JJ 399
Parties
Plaintiff: Sayers; Defendant: Briggs and Co.
Jurisdiction
Jersey
Judgment Date
29 June 1964
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Passing Off, Intention to Deceive, Representation of Business or Goods
Tort Passing Off Intention to Deceive Representation of Business or Goods

Case Brief

Summary, issues, holding and outcome

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Parties

Sayers

Plaintiff

Briggs and Co.

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a party is entitled to represent its business or goods as those of another
  2. 2 Whether intention to deceive is necessary for passing off
  3. 3 Court's inherent power to prevent wrong in absence of local authority

Ratio Decidendi

It is immaterial whether the representation was intentional; the court has inherent power to prevent such wrongs in the absence of local legal authority.

Court Disposition

judgment for plaintiff

Orders

  • Defendant restrained from representing its business or goods as those of the plaintiff