Abstract:
An obligation of confidence encompasses diverse interests and relationships. The primary focus of a party abused by a breach of confidence is to restrain unauthorised use or disclosure of confidential material and to recover damages or gain-based relief. This article analyses the complex and jurisdictionally mired relationship between damages at law and in equity and the role of gain-based remedies in this scheme. This leads to an assessment of account of profits as an emerging remedy when a duty of confidence takes the form of an express or implied contractual undertaking.