Chapter 26 Self-test questions

Case law has established that there are three elements in a breach of confidence. Which of the following expresses one of them, as regards the type of information which this law aims to protect?

Information which would if published be defamatory

Information which has 'the essential quality of being private'

Information which has 'the potential to betray confidence'

Information which has the 'necessary quality of confidence'

In law, an 'obligation of confidence' can arise in a personal relationship – for example, a husband owes his wife a duty of confidence as regards confidential things she says to him in the marriage.

True

False

As a remedy for a breach of confidence, a court can order the publisher of the information to pay damages or to provide an account of ____.

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