LS 240 Equity and Trusts Essay 2008

It appears clear from the facts in this case that Rupert has gained randomness about Alans business. What must be established then is what rights, if any, Alan has in regards to that intimacy and whether or non it can be mannikined as confidential. The courts go forth not allow culture to be step that has been precondition from one person to another on the simulation that it allow re of import confidential. There appear to be three evident types of tuition contained by Rupert that directly light upon Alan, these will instanter be dealt with separately below. Brewing plow For the good duty of faith to exist and for virtually action to be taken on an abuse of that study there be three main elements identified in Coco v A N Clark (Engineers) Ltd that must be satisfied. Firstly that the information must very be confidential, secondly that the confidential information has been passed on to the confidant in circumstances that imply confidentiality and th ird that there has been some form of breach of that confidential information. In Saltman Engineering Co Ltd v Campbell Engineering Co Ltd it was govern that for information to be confidential the confider must show that it is not common knowledge.

The information must therefore have a certain microscope stage of secrecy to it and if the general public ar aware of the information it will most likely not be classed as confidential. The information must also not be piffling In the present case it appears as if the information Alan gives to Rupert as regards to a new Brewing and manufacturing wreak would not be common knowledge as Alan himself states that he attempts to corn er the commercialise with it. Therefore it ! appears as if the Brewing process may be confidential information, however this can be more once and for all determined if the information as to the brewing processes can fill into a common class of confidential information, namely the sept of trade secret. In Ansell good-for-naught Co Pty Ltd v consort Rubber...If you want to get a full essay, order it on our website: OrderEssay.net

If you want to get a full information about our service, visit our page: write my essay