Consultation on change to RIP interception definition
bakeryworms at gmail.com
Wed Nov 17 07:58:36 GMT 2010
Would that be a duty derived from the NDA or would it be a common law duty
that they should infer from knowledge of the NDAs existance?
On 16 Nov 2010 17:42, "Ian Mason" <ukcrypto at sourcetagged.ian.co.uk> wrote:
On 11 Nov 2010, at 20:47, Ian Batten wrote:
> On 11 Nov 2010, at 20:24, Mary Hawking wrote:
On the face of it that seems sane and straightforward. However, law is not
always sane and straightforward. Under certain circumstances in English law
third parties to contracts do have some rights and powers to interfere with
the contract. It is not beyond belief that the courts could extend this
concept in the name of equity to impose obligations on a third party.
Unlikely, but not beyond belief. It would require a very tight and specific
case to persuade a court to do so, but once it had happened I can see the
idea creeping to cover more.
For instance, I've signed many an NDA that requires me to impose conditions
of confidentiality on third parties where I have a power to do so. I can
quite see a court saying that if a third party, who was familiar with NDAs,
came into possession of confidential information from me, knew that it was
likely to be under NDA and I failed to impose said conditions on that third
party, that a condition of confidentiality ought to have reasonably been
inferred by said third party and therefore they a duty under the NDA
contract despite not being a party to it.
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