TUTORIAL 2: TOPIC 2 - BREACH OF CONFIDENCE Objectives: (1) to be able to identify the character that information must possess, and the circumstances in which it must have been obtained, if it is to attract the protection of equity; (2) To be able to ascertain when there has been a breach of confidence; (3) To understand the nature and scope of remedies for breaches of confidence. The Victorian Council of Educational Research ("VCER') sets, superintends and marks annual scholarship examinations held in Victorian private schools. Thousands of hopeful students at year 5, 8 and 9 levels pay $100.00 each to compete for free and reduced fee places at participating schools. Year 9 students are required to sit one-hour papers in Mathematics, Science, Comprehension and Literary Studies. Indications of exam content are given only by way of sample questions in a 'Scholarship Prospectus', distributed free at schools, and in a 'Past Question Handbook' for which VCER charges $50.00. Each year, papers are supplied in advance to schools in the strictest secrecy. VCER staff are bound by individual confidentiality agreements. Examinations are conducted throughout the state at the same time and day, in a particular order. VCER staff collect both question and answer papers after examinations have been completed. Mani Singh is a retired schoolteacher. He is one of a number of private tutors who specialize in preparing students for the VCER scholarship exams. Tutors know one another, share insights and compete in what is a 'talking industry'. Late in this year's scholarship preparation season, Mani received a large mail envelope from one of his tutor colleagues. The envelope contains a written note 'For your interest', attached to what appears to be a collection of old and new examination papers. The first paper is headed: Victorian Council of Educational Research 2010 Year 9 Independent Schools Scholarship Examination Mathematics - DRAFT Other papers are from earlier years and relate to a variety of year 9 subjects. Mani uses all the papers in his tutorials to prepare students for the 2010 Year 9 VCER examination. The mathematics paper in the year 9 2010 VCER scholarship examination is identical to the draft paper which Mani used in his tutorials. One of Mani's students discloses this fact to VCER, and informs VCER of Mani's use of other papers. VCER is outraged at the breach of security. Though it does not know the identity of the school or disloyal employee involved, VCER sues Mani for breach of confidence. Advise Mani on his liability concerning: (a) the draft 2010 paper; and (b) the papers from previous years