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There is at least a colour of an argument that the rights protected by a [[confidentiality]] undertaking are ineffable enough to be beyond the remedial powers of [[contractual damages]]. That argument is harder to make out for amounts due under a market transaction — a [[swap]], [[option]], [[Forward contract|forward]], [[stock loan]] or [[repo]]. That won’t stop fastidious [[legal eagle]]s trying. Even ones from reputable organisations. | There is at least a colour of an argument that the rights protected by a [[confidentiality]] undertaking are ineffable enough to be beyond the remedial powers of [[contractual damages]]. That argument is harder to make out for amounts due under a market transaction — a [[swap]], [[option]], [[Forward contract|forward]], [[stock loan]] or [[repo]]. That won’t stop fastidious [[legal eagle]]s trying. Even ones from reputable organisations. | ||
Here is why you must resist this foolish talk. | Here is why you must resist this [[Adequacy of damages|foolish talk]]. | ||
When we trade [[financial product]]s, we check our emotional lives at the door. The moment we step onto that trading floor our personal sensibilities are not at stake; we leave our peace-time selves as spouses, parents, Rotarians, and members of the church choir in the cloak-room. We become, in the eyes of the market, self-interested merchants in the most mercenary sense {{author|Adam Smith}} had in mind; profit is our only motive, and the sole propeller of the invisible guiding hand. We put aside our adorable proclivities and idiosyncrasies and become ''[[Homo economicus|homo economici]]''. | When we trade [[financial product]]s, we check our emotional lives at the door. The moment we step onto that trading floor our personal sensibilities are not at stake; we leave our peace-time selves as spouses, parents, Rotarians, and members of the church choir in the cloak-room. We become, in the eyes of the market, self-interested merchants in the most mercenary sense {{author|Adam Smith}} had in mind; profit is our only motive, and the sole propeller of the invisible guiding hand. We put aside our adorable proclivities and idiosyncrasies and become ''[[Homo economicus|homo economici]]''. |