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Notionally, this is by way of [[excuse pre-loading]] to gain an acknowledgment so when the poor victim who goes to the [[courts of chancery]] seeking orders for a dawn raid, it can point to M’lud (or at the defendant) and say, “You see, your honour? That rascal knew perfectly well I might need an injunction here.” | Notionally, this is by way of [[excuse pre-loading]] to gain an acknowledgment so when the poor victim who goes to the [[courts of chancery]] seeking orders for a dawn raid, it can point to M’lud (or at the defendant) and say, “You see, your honour? That rascal knew perfectly well I might need an injunction here.” | ||
It falls to us to consider when the situation might arise that [[damages are not an adequate remedy]]. Not all that often, in this old buzzard’s opinion. | |||
The other | ====Confidentiality agreements==== | ||
The argument runs that it might be hard to prove that you’ve lost any money as a result of a confidentiality breach, so you want to be sure that [[equitable remedies]] like [[injunction]]s ordering the other guy to keep his mouth shut – those, under English law, that do not technically arise under the law of contract – are available to you. | |||
In theory, this makes sense: one enters a confidentiality agreement to buy another man’s silence, whether or not there are gains or losses to be had from his doing so — but in practice, it is largely nonsense — who ever sought an injunction on a confi? The better question to ask, we think, is ''why'' [[contractual damages]] are often an “inadequate” remedy/ Why? Because it is quite hard to prove [[loss]] through simple disclosure of {{confiprov|confidential information}}. And ''why'' is it hard to prove that [[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? | 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? | ||