What are the principles on which a court of equity will enforce an obligation of confidence?

Manitoba, Canada


The following excerpt is from Bingo Enterprises Ltd. v. Plaxton, 1986 CanLII 3997 (MB CA):

The principles on which a court of equity will enforce an obligation of confidence were reviewed by Ungoed-Thomas J. in Margaret, Duchess of Argyll v. Duke of Argyll, [1965] 1 All E.R. 611. He summarized them thus (at p. 619): These cases, in my view, indicate (i) that a contract or obligation of confidence need not be expressed but can be implied ... (ii) that a breach of confidence or trust or faith can arise independently of any right of property or contract. . . (iii) that the court in the exercise of its equitable jurisdiction will restrain a breach of confidence independently of any right at law.

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