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Template:Confi injunctions: Difference between revisions
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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. | 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 | 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''. | ||