<p>Hi,<br>
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?</p>
<p>Best Regards<br>
Mark</p>
<p><blockquote type="cite">On 16 Nov 2010 17:42, "Ian Mason" <<a href="mailto:ukcrypto@sourcetagged.ian.co.uk">ukcrypto@sourcetagged.ian.co.uk</a>> wrote:<br><br><p><font color="#500050"><br>On 11 Nov 2010, at 20:47, Ian Batten wrote:<br>
<br>><br>> On 11 Nov 2010, at 20:24, Mary Hawking wrote:<br>><br>>>...</font></p>
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.<br>
<br>
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.<br>
<br>
T'other Ian<br>
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</blockquote></p>