address the question image rights cannot be taken to mean that persons who suffer wrongs
cannot seek redress from courts of law when in actual fact they are aggrieved.
5. Whether the defendant and 3rd party are liable in breach of confidence, privacy and
or are liable for passing off, misrepresentation and false endorsement.
I will resolve this issue under the specific headings as framed in the issue.
a) Breach of confidence
The word confidence has been defined under the Black’s Law Dictionary 8th Edition page 317
to mean a communication made with a certain protected relationship and legally protected from
disclosure. In order for one to succeed with this kind of action a plaintiff ought to show that:
i) There exists a relationship of confidentiality between the plaintiff and the defendant i.e. it
must be limited to certain people or be something which is not public property or public
knowledge.
ii) Must have economic value.
In the case of PA Thomas v Mold [1968] QB 923 the position of the court was that it is
essential that a claimant must makes it absolutely clear and certain what he alleges to be
confidential information with the rationale for this requirement being that a defendant is able to
know the precise allegation against him for the principal of breach of confidence arises where
parties are in a relationship or in discussions which will subsequently give rise to a relationship
with information exchanged between the parties. Where parties are in such a relationship then
the law imposes an obligation of confidence on the recipient restraining him from disclosure or
unauthorized use of such information a breach of confidence thus would arise where a defendant
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