Case Study on Breach of Confidence in Equity and Trust: Legal Analysis

This case study analyzes a scenario involving a potential breach of confidence, focusing on the legal principles of equity and trust law. The case involves a couple, Meghan and Harry, facing marital issues and seeking counseling. Photographs taken at a private beach resort are shared among friends, raising questions about the confidentiality of the information and the potential breach of confidence. The assignment examines whether the photos contained the necessary quality of confidence, considering the actions of individuals involved and the dissemination of the information. It also explores the relevance of additional facts, such as the disclosure of confidential information and the breach of trust by Nicole's friends. The case study references relevant case law, including White and Carter Ltd v Mcgregor and Hochster v De la Tour, to support the legal analysis and conclusions. The study concludes that a breach of confidence has occurred due to the unauthorized sharing of confidential information and the violation of trust.

Equity and trust Breach of
confidence

INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Would these photos have necessary quality of confidence within doctrine of breach of
confidence....................................................................................................................................3
In what way all these further fact holds relevancy with the question that photos have necessary
quality confidence........................................................................................................................4
CONCLUSION................................................................................................................................5
REFRENCES...................................................................................................................................6

INTRODUCTION
Contract laws are those laws that have been formed in order to make sure that agreement
formed within parties attains legal sustainability within the eyes of law. Contract law helps in
developing proper framework which makes transaction between two parties conducted in
organized manner. These laws leads is based upon certain elements that makes contract attain
validity. Under contract law breach takes place that is based upon violation of obligation over
parties, trust or confidence. This is condition within which results in contract gets dissolved in
more effective manner. Scope of contract law is wider in nature as it impacts relationship of two
organization or parties. Nature is dynamic as it has tendency of breach taking place. The file
covers case study based upon breach of confidence.
MAIN BODY
Case Scenario: In this case Priyanka receives phone call from friend Meghan and is been
told by her that she has been facing problems in relation to her marriage with Harry. Priyanka
has tells to come to Sydney with her partner and there she will make her meet Sophia a marriage
councilor for solving issues. For this purpose Priyanka and Sophia take Meghan and Harry
organize private jet for them. Then they were taken to private beach in North Sydney where
counseling was held. Since the resort was exclusive to its members and photography were
strictly prohibited and also photographic members. Nicole is also there and has managed to bring
photographic devices which included camera and smart phones. She takes photo of Priyanka,
Sophia, Meghan and Harry with her phone. Then shares it over whatsapp group saying that
Sophia counseled her when she had broken up with Tom. Does Meghan and Harry have martial
issues of financial problems. The group is only consists of four of his best friend. Also asks them
to maintain confidentiality regarding photos and other important things. I don’t want media to
get involved within this and his friend does so (Ho, 2020).
Would these photos have necessary quality of confidence within doctrine of breach of
confidence
Breach of confidence is part of English law that is equitable as per the doctrine as this
allows individual for claiming in case of remedy when confidence is been breached. In this duty
which binds an party to claim upon remedy when a party has violated norms of confidence. In
this knowledge of person in relation to circumstances is been studies and if it is found that any
unfair motive is been used by him them in such case breach has taken place. In this duty of
confidence make sure that confidential information is been protected (Chen and Jai, 2019). This
is related over those circumstances in which unfair means is been used for disclosing of
confidential information. Claims related to this are marked under civil claims. Further such claim
is covered within law of torts also since it is considered as part of common law that makes
protection over private information done in relation to confidence. In this breach is been done
over confidence which should be confidential in nature. Under it communication should be base
over confidential information for disclosing claimant. This kind of breach is based upon trust and

confidence showed in relation to claim made by one party to another. In this establishment of
breach in relation to confidentiality should be there. In this breach should be between parties.
Mostly breach is done over information that is based upon confidence existing within the
relationship of banks, hospitals, and insurance companies and many others. There is no tort of
breach of confidence in other common law jurisdictions such as the United Kingdom or
Australia, however, there is an equitable doctrine of breach of confidence exists within it (Chan
and Palmeira, 2020).
From the above case scenario it can be concluded that breach of confidence has not taken
place since it has been mentioned by Nicol to not disclose these pohots. Form the other facts it
can be marked out that Nicol’s friend has disclosed the information by discussing about it in
public. This is the reason the photos were leaked into magazine. So, in this case considering the
other facts it can be marked out that breach of confidence has taken place within Nicol and his
friends. Relevant case law in relation to breach of confidence is White and Carter Ltd v
Mcgregor in this claimant supplies bins of Local Authority and allowed over displaying adverts
over bins. In this defendant is owner of garage and a contract was formed within claimant over
placing advertisement which makes transferring of binds for period of three years. In this price
was paid over installment. This makes defendant authorized about sales manager in order to
enter over making contract and making claimant over making contract done with the help of
advertising. In this communication was ignored defendant communication and arranged over
making advertising plates which is made up and place within the bins. Furthest it was refused by
defendant for paying first installment and claimant submitted a bill which makes three years
advertising to be done. In this case it was held by the court that the claimant was not obliged to
accept the breach of contract and could continue with the contract. They were thus entitled to full
payment for the three years advertising. Hochster v De la Tour the claimant agreed to be
courier for making defendant for 3 month starting on 1st June 1852. On 11th May the defendant
wrote in relation to claimant that he no longer wanted to do services and is not going to pay
compensation. In this claimant has been obtaining services over contracting. The defendant that
has been argued in relation to breach of contract does not exist on 22nd May. In this contract was
due to be finished until 1st June. Further court held that one party is able to communicate over
intentions which make performance of contract to be done. also the innocent party should proof
about the breach that has taken place. They are required to make suing done on immediate basis
through making breach occurred within the contract.(Belshaw, 2019).
In what way all these further fact holds relevancy with the question that photos have
necessary quality confidence
From the above additional facts within the case scenario proves that quality of confidence
has been lost. Since the facts shows about relevancy in relation to case scenario as transferring of
photo and disclosing of confidential information amounts to breach of confidence as torts law
and contract law. Since the facts says that information of confidential nature has been disclosed
by stating out that financial issue exists between parties. Also photos has been clicked by Nicol

is been disclosed within the whatsaap group. Under it breach of confidence is been done by
Nocol’s fried’s by discussing about issue within public. This made the information with photos
leaked within media resulting into breach of confidence. Then under it breach of trust has also
been done by friends of Nicole. Also other party Sophia also made breach by not taking
counseling in private but at open place (Belshaw, 2019).
CONCLUSION
From the above discussion it can be concluded that breach of contract is related to that
kind of breach which is applicable in relation to disclosing of information holding confidentiality
or sensitiveness related to particular matter. Also such breach is covered within contract and law
of torts both. Thus it is considered as civil wrong in this kind of breach an important information
is disclosed in public. This is very harmful for organization to grow itself. Then in end the file
covers about case study based upon breach of confidence and trust that resulted into disclosing of
marital issue of Harry and Meghan.

REFRENCES
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Analysis and Critique. Oxford Journal of Legal Studies.
Chan, E.Y. and Palmeira, M., 2021. Political Ideology Moderates Consumer Response to Brand
Crisis Apologies for Data Breaches. Computers in Human Behavior, p.106801.
Turner, L.A. and Beers, M.C., 2021. When the Process Fails: Restoring Trust in a# MeToo
Workplace. In Cases on Critical Practices for Modern and Future Human Resources
Management (pp. 96-117). IGI Global.
Whayman, D., 2021. Proprietary Remedy Confirmed for Bribes and Secret Commissions: FHR
European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45;[2014] 3 WLR
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