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Who can I share it with? - OneNDA Provision: Difference between revisions
Who can I share it with? - OneNDA Provision (view source)
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Remember where we started: I had full control of this special information. Even if you do your utmost to keep the information confidential, if it still leaks out, I lose. You don’t. And the law of contract cares not about how hard you tried, but how well you did. | Remember where we started: I had full control of this special information. Even if you do your utmost to keep the information confidential, if it still leaks out, I lose. You don’t. And the law of contract cares not about how hard you tried, but how well you did. | ||
To be sure, the villain of this piece is the delegate. But remember who has privity with that delegate: only the recipient. Even if the discloser wanted to sue the delegate it could not. And — unless the recipient remained responsible to the discloser, nor could the recipient, because it would not have personally suffered a loss. The only way the discloser can proceed is down the contractual chain. If the recipient has cut the chain off, then the discloser is left without a remedy. | |||
This is a similar argument, but the way, to the old “[[Reliance on legal advice|not liable for relying on bad legal advice]]” chestnut. | |||
==General== | ==General== | ||
{{confidentiality and regulatory disclosure}} | {{confidentiality and regulatory disclosure}} | ||