This question is divided into three separate parts. The first part requires an explanation of the meaning of ‘tort’ generally and the two later parts require explanations of specific torts: namely negligence and passing off.

(a) 
2 marks 
Explaining the meaning and operation of tort law.

1 mark 
Some reasonable attempt at explaining tort law.

0 marks 
A total absence of knowledge.

(b) 
3–4 marks 
Good explanation of the meaning of negligence with the main requirement of the tort mentioned.

1–2 marks 
Some knowledge but lacking in detail.
0 marks 
No knowledge whatsoever.

(c) 
3–4 marks 
Good explanation of the tort of passing off with case authority to support the explanation.

1–2 marks 
Some, but limited, knowledge of passing off or control over company names.

0 marks 
No knowledge of the topic whatsoever.