question 8

Question 1

What is breach of confidence?

Answer 1

The principle that a person who is given information in confidence should not take unfair advantage of it

Question 2

What are the three elements of breach of confidence?

Answer 2

1. The information must be of a confidential nature (often business and trade secrets)
2. Communicated in circumstances importing an obligation of confidence
3. Unauthorised use of the information

Question 3

What is an injunction?

Answer 3

a form of gagging order (an order from a judge stopping reporters from talking or writing about a case that has not yet been decided) in which the press is not even allowed to report on the existence and details of an injunction

Question 4

What are the two defences to an action for an alleged breach of confidence?

Answer 4

1. the information did not have the necessary quality of confidence because:
2. of its nature
3. in public domain
4. it was in the public interest to publish the information

Question 5

Would a court grant an injunction or damages if a media organisation publishes commercially sensitive information leaked from a business

Answer 5

No as the material is already in the public domain

Question 6

1 and 2 remedies for breach of confidence

Answer 6

1. ask a judge to issue an injunction to stop it being published again by that publisher or by others
2. seek an order for the confidential material to be returned to the claimant or destroyed

Question 7

3 and 4 remedies for breach of confidence

Answer 7

3. sue the publisher for damages or an account of profits
4. ask a judge to order the publisher to reveal the source of the information, if not known, the source can be sued for damages and/or stop disclosure of more confidential information

Question 8

What are the four requirements in claiming in confidence where a confidential idea has been taken?

Answer 8

1. originality
2. must be clearly identifiable
3. of potential commercial value
4. sufficiently well developed to be capable of realisation