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LAW4169 - Equity Exam Notes

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NOTES WRITTEN FOR LAW4169 EQUITY TAKEN SEMESTER 2, 2014 - Topics covered: Breach of confidence, Fiduciary relationships and breach of fiduciary duties, Personal remedies in equity, Equitable proprietary remedies, Assignment of property rights in equity.

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68 Pages Complete Study Notes > 2 Years old
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Topics this document covers:
Law Secrecy Common law Confidentiality Source Intellectual property law A-G v Observer Ltd Trade secret Fiduciary Breach of confidence Punitive damages Douglas v Hello! Ltd Franklin v Giddins
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Topics this document covers:
Law Secrecy Common law Confidentiality Source Intellectual property law A-G v Observer Ltd Trade secret Fiduciary Breach of confidence Punitive damages Douglas v Hello! Ltd Franklin v Giddins
Sample Text:
Has the breach occurred b. Personal remedies only 1. Information must be specific (O’Brien/Occular) a. Identify the information that we’re talking about i. There might be multiple bits of info – separate out here 2. Quality of confidence (Coco) a. Sufficiently secret (not so public) (Lena/AFL) i. Personal information ii. Formula/pattern/design iii. Public information b. Of value (not banal) i. Is it commercial non commercial 3. Circumstances imparting the duty (Coco) a. Giving cases (Saltman) i. Circumstances and content ii. Limited purpose (breach) b. Taking cases (Lenah/Franklin) c. Third party receipt d. Accidentally obtained (Spycatcher) 4. Breach (or threatened breach) a. Unauthorised use b. Detriment X (Coco -­‐> Giller) 5. De...
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