``... to find the rules of the English law
of breach of confidence we now have to look in the jurisprudence of Arts 8 and 10.
In Canada, a tort
of breach of confidence may be asserted if someone misuses confidential information communicated to them in confidence.
Justice Stinson referred to the Manitoba case of Grant v. Winnipeg Regional Health Authority, [2015] M.J. 116 (C.A.) and held that the three elements of the tort
of breach of confidence are:
In finding this conduct to be tortious the court concluded that the torts
of Breach of Confidence, Intentional Infliction of Mental Distress and Invasion of Privacy were all made out by such behavior.
She has extensive expertise in team move cases and claims
of breach of confidence and breach of contract.
She has extensive experience of team move litigation and claims
of breach of confidence and breach of fiduciary duties against directors and senior executives.
Advising in relation to claims
of breach of confidence concerning land purchase and development opportunities for a nationwide supermarket chain.
It was submitted on behalf of the defendants that Mr Imerman could not assert a claim
of breach of confidence against Mrs Imerman because they were husband and wife at the time the server was accessed and therefore no right of confidence existed between them («there is no such duty, no such right enforceable against the other»).
Not exact matches
From Enron, in the past, to Volkswagen, more recently, there's this regular lineup
of breaches of trust and
confidence.
More OPM numbers: 1.8 mil non-applicants (family members), high level
of confidence the
breach includes Social Security numbers.
Without
breaching confidence, I advised
of this issue.
At the end
of the day, though, the biggest threat to Canada might likely come not from financial markets, but from what a debt ceiling
breach would do to U.S. consumer and business
confidence and thus the pace
of growth south
of the border.
Since the leak, huge holes in the business have become apparentm, and the confidentiality and
confidence of its (understandably secretive) users has been
breached.
Illegal insider trading is, roughly, trading on material nonpublic information that is disclosed to you «in
breach of a fiduciary duty or other relationship
of trust and
confidence.»
Illegal insider trading generally refers to insider buying or selling a security, in
breach of a fiduciary duty or other relationship
of trust and
confidence, while in possession
of material, nonpublic information about the security.
Examples
of these risks, uncertainties and other factors include, but are not limited to the impact
of: adverse general economic and related factors, such as fluctuating or increasing levels
of unemployment, underemployment and the volatility
of fuel prices, declines in the securities and real estate markets, and perceptions
of these conditions that decrease the level
of disposable income
of consumers or consumer
confidence; adverse events impacting the security
of travel, such as terrorist acts, armed conflict and threats thereof, acts
of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets;
breaches in data security or other disturbances to our information technology and other networks; the spread
of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment
of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount
of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion
of our assets pledged as collateral under our existing debt agreements and the ability
of our creditors to accelerate the repayment
of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss
of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price
of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times
of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability
of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.
When the story was made public in November, the school postponed the pre-scheduled disciplinary hearing, and initiated further investigations against Sutcliffe, alleging
breach of confidence and bringing the school into disrepute.
If it had been then you rightly would have called me out on a
breach of confidence.
And This will amount to a criminal
breach of trust an showing lack
of confidence on our inform Gunners should any Gooner behaves in.this manner.
His gorgeous set - piece against West Brom must have given him plenty
of confidence and he might be able to
breach David de Gea's goal through one
of those, as well as provide impetus to the rest
of the attack.
Betrayal is a
breach, the breaking or violation
of a presumptive contract, trust, or
confidence.
Labour's Commons motion on whether Jeremy Hunt should be investigated for
breaching the Ministerial Code in his handling
of the BSkyB bid has been rejected - the Government won the vote
of confidence in Hunt by 290 to 252.
«I firmly believe that I have not
breached the MPs» code
of conduct in any respect and therefore await the outcome
of the commissioner's investigation with
confidence,» he said.
If (s) he can not form a government that commands the
confidence of the House then it is expected that (s) he will resign that commission voluntarily — it is not considered acceptable for the Sovereign (or her representative) to revoke said commission unless the prime minister was acting in serious
breach of constitutional protocol.
Commitment to a «light touch» regime would give clubs
confidence that they would not lose their CASC registration for a minor
breach of these complex rules.
«This is an egregious
breach of confidence between NYSEG and its customers,» she said.
But now Judge Denise Cote is alleging those complaints were part
of a campaign to undermine public
confidence in the deal and it constituted a
breach of the agreement.
And as Butterworth tweeted to his followers: «If u get excited by unreviewed results leaked in
breach of confidence you'll have a distracting few months.»
All health and care organisations that handle sensitive information should be working towards giving patients the highest levels
of trust and
confidence and reducing the risk
of external threats and potential
breaches.
Playing like a cross between a forensic science TV show and a Tom Clancy adaptation, the scenes might seem familiar, but the casting definitely merits comment, with each character playing to certain strengths, from the natural style
of Jamie Foxx, the physical and charismatic style
of Garner (Catch and Release, Elektra), the comic relief
of Bateman (The Ex, Smokin Aces), and the salty
confidence of Cooper (
Breach, Jarhead).
As indicated earlier, the threats are real and a number
of very high profile data
breaches have caused dramatic drops not only in stock value but also in the
confidence that clients and the public in general have in very well known business organizations.
This low - risk group requires the GDPR basics; so that they are aware
of the risks, and have the
confidence to raise the alarm to prevent potential
breaches.
Users are furious about the
breach and what many see it as a betrayal
of their
confidence on the part
of Facebook, even though many
of these users happily agree to turn over their personal information each time they click on to their Facebook page.
Illegal insider trading refers generally to buying or selling a security, in
breach of a fiduciary duty or other relationship
of trust and
confidence, while in possession
of material, nonpublic information about the security.
The SEC defines illegal insider trading as: -LSB-...] buying or selling a security, in
breach of a fiduciary duty or other relationship
of trust and
confidence, while in possession
of material,...
x) information or material which you have submitted to TravelGround.com which is in violation
of any law or in
breach of any third party's rights (including, but not limited to, defamation, invasion
of privacy,
breach of confidence or infringement
of copyright or any other intellectual property rights).
To those who protest «
breach of confidence», I say that the IPCC should implement the transparency which it proclaims.
In the
breach, a widely accepted, but «uncomfortable» paradigm has developed, among both scientists and policy makers, to tentatively rely on the collective intuitions and
confidence of those «expert peers» who are judged to be most familiar with the data sets and with the relevance
of that data to related physical models.
While those levels
of fines will be only for the most serious
of breaches, brand damage and loss
of confidence from clients can have equally damaging results.
She was later sent a letter from the club management reading: «Your actions can be considered to be theft in circumstances where you do not have permission to take Club food from the premises, and therefore a
breach of your contract
of employment... The gravity
of your misconduct is such that the club believes the trust and
confidence placed in you as its employee has been completely undermined...»
BBC and Guardian set to defend themselves as offshore firm Appleby launches
breach of confidence proceedings
The EAT, overturning the ET decision, held that the salary cut was a
breach of both the express term
of his contract relating to salary payment and the implied term
of trust and
confidence.
Recent case law demonstrates that the critical question for the court in
breach of confidence cases is to analyse how Arts 8 and 10 apply to the facts
of a particular case.
The Plaintiffclaims as against the Defendant, Arthur Hamilton («Hamilton»), for conspiracy, defamation,
breach of fiduciary duty,
breach of duty
of good faith,
breach of confidence, and negligence.
This case involved Ms Kaur, a nurse, who argued that her employer's instigation, handling and outcome (a final written warning, upheld at internal appeal)
of its disciplinary process following her altercation with a colleague, was unreasonable such that it amounted to a repudiatory
breach of the implied term
of mutual trust and
confidence.
Dar Al Arkan v Al Refai (with David Foxton QC and Stephen Houseman QC): claims for conspiracy and
breach of confidence seeking damages
of up to US$ 1 billion arising from the publication on a website
of serious allegations
of banking and accountancy fraud.
The Plaintiff claims as against the Defendant, Cassels Brock & Blackwell LLP («Cassels Brock»), for conspiracy, defamation,
breach of fiduciary duty,
breach of duty
of good faith,
breach of confidence, and negligence...
It is increasingly common (as happened in this case) for
breach of the implied term
of trust and
confidence to be alleged by an employee in constructive dismissal cases (as such a term is fundamental and goes to the root
of the contract).
If not, was it nevertheless a part
of a course
of conduct comprising several acts and omissions which, viewed cumulatively, amounted to a repudiatory
breach of the employee's contract by showing that all trust and
confidence had been destroyed?
For instance, employees may rely upon historical «complaints» as contributing to a cumulative
breach of trust and
confidence, notwithstanding that the employer may have considered the complaints to have been addressed or even forgotten.