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Breach of confidence in English law is an equitable doctrine that allows a person to claim a remedy when their confidence has been breached. A duty of confidence arises when confidential information comes to the knowledge of a person in circumstances in which it would be unfair if it were disclosed to others. [1]
The tort of breach of confidence is, in United States law, a common-law tort that protects private information conveyed in confidence. [1] A claim for breach of confidence typically requires the information to be of a confidential nature, which was communicated in confidence and was disclosed to the detriment of the claimant.
[14] [page needed] Although laws vary somewhat in different states, in general, the danger must be imminent and the breach of confidentiality should be made to someone who is in a position to reduce the risk of the danger. [12] People who would be appropriate recipients of such information would include the intended victim and law enforcement.
In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients' affairs.Information that solicitors obtain about their clients' affairs may be confidential, and must not be used for the benefit of persons not authorized by the client.
Confidentiality principle bolsters the therapeutic alliance, as it promotes an environment of trust. There are important exceptions to confidentiality, namely where it conflicts with the clinician's duty to warn or duty to protect. This includes instances of suicidal behavior or homicidal plans, child abuse, elder abuse and dependent adult abuse.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
For example, privacy can be protected indirectly through various common law torts: defamation, trespass, nuisance, negligence, and breach of confidence. [79] In February 2002, however, the Singaporean government decided that the common law approach was inadequate for their emerging globalized technological economy. [ 78 ]
In the absence of a common law right to privacy in English law torts such as the equitable doctrine breach of confidence, [6] torts linked to the intentional infliction of harm to the person [7] and public law torts relating to the use of police powers [8] have been used to fill a gap in the law. The judiciary has developed the law in an ...
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