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In Diljeet Titus v Alfred A. Adebare (Delhi High Court, 2006), the court relied on Megarry J's…

Megarry J's test in Coco v A N Clark, adopted by the Delhi High Court in Diljeet Titus, needs information with the necessary quality of confidence, imparted in circumstances…

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In Diljeet Titus v Alfred A. Adebare (Delhi High Court, 2006), the court relied on Megarry J's statement in Coco v A.N. Clark (Engineers) Ltd that three elements are normally required for a breach-of-confidence claim to succeed apart from contract. Which of the following is NOT one of those three elements?

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Correct answer A

Megarry J's test in Coco v A N Clark, adopted by the Delhi High Court in Diljeet Titus, needs information with the necessary quality of confidence, imparted in circumstances importing an obligation of confidence, and an unauthorised use "to the detriment of the party communicating it". Patent-style novelty and inventiveness form no part of the test. Confidential information need only be secret, not inventive.

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