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Breach of Confidence - Case Study Example

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This case study "Breach of Confidence" illustrates the principles of protection of confidence in a practical case of breach of confidence applying the case facts in Faccenda Chicken Ltd. versus Fowler and Others. Employment secrets are protected from being disclosed. …
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Breach of Confidence
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Download file to see previous pages It is from such a perspective that the complexity of determination of the boundary between the justifiable and unjust application of employment secrets is highlighted. Such contestations arise from the reasonableness tag attached to common law interventions that employ various angles of view on a subject2.
In this discourse, the case facts in Faccenda Chicken Ltd. v. Fowler and Others are applied to illustrate the principles of protection of confidence in a practical case of breach of confidence. In Hull (319), it is questionable how the Court of appeal arrived at its determination of the boundaries between the secret protection element of common law and the prima facie right that the law bestows on the employer. Such are among the contestations that this doctrine draws from its application in solving various civil cases' decision-making complexities.
The plaintiff conducted business at Brackley in Northampton involving chicken farming and selling them in the form of chicken meat products. Upon slaughtering the chickens, they were delivered to the market in a chilled environment so that they are as fresh as possible. The chairman of the firm, Michael Faccenda acted as the managing director on behalf of the plaintiffs and in 1973, the first defendant by the name of Barry Fowler was employed as the new sales manager. Sudden changes were introduced by the defendant by way of applying itinerant refrigerated vehicles for supplying the chicken in a move that would eliminate wholesalers in a significant segment of the market (McCallum, 77).
The first defendant was arrested on the 11th of December 1980 alongside another man, on allegations of chickens going missing in the distribution chain. This resulted in the first defendant’s resignation, court charges and subsequent acquittal and venturing in fresh chicken products distributed in refrigerated vehicles.  ...Download file to see next pagesRead More
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