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Pecuniary Remedies for Breach of Confidence

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Abstract:

An obligation of confidence encompasses diverse interests and relationships. The primary focus of a party abused by a breach of confidence is to restrain unauthorised use or disclosure of confidential material and to recover damages or gain-based relief. This article analyses the complex and jurisdictionally mired relationship between damages at law and in equity and the role of gain-based remedies in this scheme. This leads to an assessment of account of profits as an emerging remedy when a duty of confidence takes the form of an express or implied contractual undertaking.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/096157610792240795

Publication date: July 1, 2010

More about this publication?
  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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