Equity and Trust: Advising on a Breach of Contract and Privacy Case and Viability of Plans for Customer Safety and Shareholder Payment

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EQUITY AND TRUST
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Equity and trust
Facts
Eva and Herman are couples, who are also film stars. They have sold their exclusive
photography rights of their wedding to goodbye magazine. An unauthorized photographer from
Oh wow magazine gains access to the venue and takes pictures before sending them to the head
office in London. The photos are then published.
Issues
The first issue to consider the two film stars Eva and Herman promoting clean and
monogamous living. Secondly, whether Oh wow magazine has the right to publish and sell
photos from the wedding. Finally, whether the oh wow magazine had the right to commercially
publish the photos for public viewership and public domain.
Advise
Merits of the case
According to Senior courts ACT 1981, which states that the high court is at free to order
an injunction or choose a person who receives in all cases for the court to appears to be just and
convenient to do so1. Due to this ACT of the equity and trust the couples can appeal for
interlocutory injunction restraining publication order in the court. However, there are facts that
the two need to consider before they make appeal to induct or not. The jurisdiction of such
decisions remains with court after considerations that the court seem conversant with2. This
1 Chang, K., Li, Y. and Yi, H.C., 2018. Does Geographic Proximity Change the Passiveness
of Equity Ownership by Bank Trust?. International Review of Finance,p.133.
2 Chen, S.Y., Wu, W.C., Chang, C.S., Lin, C.T., Kung, J.Y., Weng, H.C., Lin, Y.T. and Lee, S.I.,
2015. Organizational justice, trust, and identification and their effects on organizational
commitment in hospital nursing staff. BMC health services research, 15(1), p.363.

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therefore means that there is no law regarding these rules, but the judges and the jury look at
what might be for the decision before they eventually make it. Based on this section, therefore it
is important to focus on past case scenarios and determine the way ahead of the two couples if
they have a chance
Sue for breach of commercial contract
About the case of American Cyanamid vs Ethicon limited, the Lord Diplock in his
judgement seek to determine if the two companies had a commercial deal3. The interlocutory
appeal concerns on the patent deal was based on the case that they are disintegrated in a
commercial contract signed by both parties. In his judgement, he recognized that there existed a
deal between the two companies and this provided for absolute sutures for the court to go ahead
and award an interlocutory injunction for the American Cyanamid company4.
With the fact that, there exist a commercial deal between the couples, Eva and Herman,
and the goodbye magazine, it therefore means that the two parties were entitled to commercial
confidence. Any picture taken or published during the wedding or an hour before or even after
has a commercial value tagged to it. With commercial value attached to it there is need for
confidentiality. The two couples are entitled to protect the photos; they are within their legal
rights to sue the Oh wow magazine for publishing the photos without their consent. Following
3 Clements, R. and Abass, A., 2018. Complete Equity and Trusts: Text, Cases, and Materials.
Oxford University Press. Pg. (233)
4 Coffee Jr, J.C., Sale, H. and Henderson, M.T., 2015. Securities regulation: Cases and materials.
Pg. (112)

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the judgement given by Lord Diplock during the American Cyanamid vs Ethicon limited, it is
very considerable for the couples to seek an interim injunction from the court.
With reference to the case of Mosley vs News group newspaper, the court of appeal during
their judgement didn’t find valid to consider breach of contract. Upon such judgement the
infringement that came along in the existing conduct of inconsistency with the pre-existing
relationship. The judge considered evidence of reasonable expectations of privacy and stood by
it. The couples Eva and Herman have the evidence of breach of contract5. They have the picture
that was taken by Julian since, it was published by the Oh wow magazine and is in the public
domain. They also have proof that Julian was not a cake decorator as recorded before but rather
a journalist with an intention. Considering the two evidences and referring to the American
Cyanamid case, it is quite evident that there is enough evidence that will put the Oh wow
magazine out of the claim of patency. Just like Max Mosley was granted an interlocutory
injunction, restraining Ethicon from infringing such patency so will the Oh Wow magazine be
ordered until further trial order is arraigned for.
Breech of privacy and confidentiality.
According to the case by Douglas vs Hello company of 2001, there was introduction of the
privacy and confidentiality issue. The Hello company published photos of Douglas without his
5 Cremers, K., Gaessler, F., Harhoff, D., Helmers, C. and Lefouili, Y., 2016. Invalid but
infringed? An analysis of the bifurcated patent litigation system. Journal of Economic Behavior
& Organization, 131, pp.218-242