Legal History

Breach Of Confidence Social Origins and Modern Developments

Edited by Megan Richardson · Michael Bryan · Martin Vranken · Katy Barnett
Edward Elgar Publishing June 2012

Specifications

ISBN-13
9781848446939
Publisher
Edward Elgar Publishing
Publication
June 2012
Format
Hardback , 192 pages
Jurisdiction
International ? Countri(es) for reference only

Details

‘The authors of this important book have done a great service to our understanding of this fascinating area of law. Their shrewd and scholarly study traces the development and “myriad reinventions” of this protean doctrine from its eighteen century origins through to its most recent manifestation as a private-facts “tort” in English law, enriching legal analysis with consideration of the philosophical, social and economic contexts. Common law privacy scholars in particular will find that this book directly illuminates contemporary debates.’
– Gavin Phillipson, University of Durham, UK

‘The authors breathe new life into this complex, recondite branch of the law. An illuminating and penetrating study of an ancient remedy whose importance endures – and even increases.’
– Raymond Wacks, University of Hong Kong

This concise yet detailed book explores the historical foundations and modern developments of the ancient doctrine of breach of confidence.

The authors show that despite its humble beginnings, stilted development and air of quaintness the doctrine has modern relevance and influence, its sense of ‘trust and confidence’ still resonating with the information society of today. Topical chapters include, ‘Inventing an equitable doctrine’, ‘Privacy and publicity in early Victorian Britain’, ‘Searching for balance in the employment relationship’, as well as many others.

Breach of Confidence will make insightful reading for all those interested in issues of privacy and information, and will appeal strongly to practicing lawyers and judges as well as academic researchers and postgraduate law students.

Table of Contents

1. Introduction and Synopsis

2. Inventing an Equitable Doctrine

3. Privacy and Publicity in Early Victorian Britain

4. Secrecy and Late Victorian Markets for Information

5. The Forgotten Years of Breach of Confidence

6. Searching for Balance in the Employment Relationship

7. Revival of an ‘Ancient Doctrine’

8. Epilogue: The Reinvention of Tradition

Appendix: Digest of Nineteenth Century Cases

Index

About the Author

Megan Richardson, Professor of Law, Michael Bryan, Emeritus Professor of Law, Martin Vranken, Associate Professor and Reader in Law and Katy Barnett, Lecturer in Law, University of Melbourne, Australia

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