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Template:Confi injunctions: Difference between revisions
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In practice, it is nonsense — who ever sought an injunction on a confi? — but possibly ''because'' it is nonsense — it isn't really done to argue about it, and if you do, you might raise the suspicion you have nefarious purposes in mind — so the best bet is to let that sleeping dog lie. | In practice, it is nonsense — who ever sought an injunction on a confi? — but possibly ''because'' it is nonsense — it isn't really done to argue about it, and if you do, you might raise the suspicion you have nefarious purposes in mind — so the best bet is to let that sleeping dog lie. | ||
The other way of looking at it is this: ''why'' are [[contractual damages]] likely to be an “inadequate” remedy? Because it is quite hard to prove [[loss]] through simple disclosure of [[confidential information]]. ''Why'' is it hard to prove [[loss]]? Because, often, there won’t have | The other way of looking at it is this: ''why'' are [[contractual damages]] likely to be an “inadequate” remedy? Because it is quite hard to prove [[loss]] through simple disclosure of [[confidential information]]. ''Why'' is it hard to prove [[loss]]? Because, often, ''there won’t have been any''. | ||
Contractual damages generally compensate for actual loss, not to account for profits. If you can say you've suffered any [[loss]] from, say, disclosure of client lists, it will be [[Consequential loss|consequential]] in nature, sufficiently speculative that courts are traditionally reluctant to award it, also presenting as it does uncomfortable questions as to [[causation]]: Was the reason you lost all that business to a competitor because your client list was disclosed, or because your product was inferior? | |||