Tort
Tort is sometimes viewed as the causes of action which are not defined in other areas such as contract or fiduciary law. However, tort and contract law are similar in that both involve a breach of duties, and in modern law these duties have blurred and it may not be clear whether an action "sounds in tort or contract"; if both apply and different standards apply for each (such as a statute of limitations), courts will determine which is the "gravamen" (the most applicable). Circumstances such as those involving professional negligence may involve both torts and contracts. The choice may affect time limits or damages, particularly given that damages are typically relatively limited in contract cases while in tort cases noneconomic damages such as pain and suffering may be awarded. Punitive damages are relatively uncommon in contractual cases versus tort cases. However, compensation for defective but not unsafe products is typically available only through contractual actions through the law of warranty.
Passing off in Canadian law
Professor David Vaver suggests generally that "[t]he basic theory of the tort is to prevent the disruption of economic relations by deliberate or innocent misrepresentations that deceive or confuse consumers in their marketplace decisions." Vaver also notes the centrality and complementarity of both purposes in the tort of passing off and trade-mark law:
The role of passing-off is therefore to rectify the likely harms one trader suffers from the acts of another that mistakenly deflect consumers from dealing with the former or his products or services. Although the tort grew up to protect the interests of traders rather than consumers, the less it works to prevent consumer confusion, the more it becomes merely a law protecting traders from unfair competition. That goal may be what other torts, such as conspiracy or unlawful interference with economic relations, and "Competition Act" provisions regulating false and misleading advertising practices aim at. Passing-off need not replicate their aspirations.