Asked by Courtney Mowat on Jul 24, 2024
Verified
Zoe sets up a private meeting with her lawyer, Will, to get his advice on how to protect a secret recipe she has devised. Later that day, Will gives a copy of the recipe to his wife to use in her restaurant. Which of the following is true?
A) Because Will has misused information of a confidential nature that was given to him in confidence, Zoe can sue for a breach of confidence.
B) Because Will only provided the information to his wife, the exchange is protected by spousal privilege.
C) Because Will did not misuse the information himself, no action will result.
D) Because a recipe cannot constitute confidential information, any action Zoe might bring would likely fail.
E) Zoe cannot sue her own lawyer.
Breach of Confidence
The unauthorized use or disclosure of confidential information that was entrusted to someone in confidence.
Confidential Nature
Pertains to information that is meant to be kept secret or private, often protected due to its sensitivity or the potential consequences of its disclosure.
Spousal Privilege
A legal right that protects a spouse from having to testify against their partner in court.
- Identify actions and defenses related to breach of confidence and confidentiality.
Verified Answer
AB
Anastasiia BrodnikovaJul 27, 2024
Final Answer :
A
Explanation :
Will's action constitutes a breach of confidence because he misused confidential information provided to him by Zoe in a professional capacity, making it possible for Zoe to sue.
Learning Objectives
- Identify actions and defenses related to breach of confidence and confidentiality.