The duty of confidence is concerned with the obligations enforced in equity, which arise out of the special relationship between discloser and confidant. The duty is based on the broad principle of ’good faith’, 'that he who has received information in good faith shall not take unfair advantage of it’. The doctrine does not depend upon the existence of a fiduciary relationship nor the existence of a contract beween the parties. It is essentially sui generis, though property, contract, bailment, trust, fiduciary relationship and unjust enrichment have all been claimed at one time or another as the basis of judicial intervention.
"The Jurisdictional Basis, Elements and Remedies in the Action for Breach of Confidence - Uncertainty Abounds,"
Bond Law Review:
1, Article 2.
Available at: http://epublications.bond.edu.au/blr/vol5/iss1/2