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Where a person shares information about the design of a moped with a manufacturer with a view to entering into a commercial relationship but no contract is signed, is the manufacturer liable in breach of confidence if he uses that information to construct his own moped?

In the absence of contract, what has to be established?

The information must be of a confidential nature;
The information must have been communicated in circumstances importing an obligation of confidence [what is the test of this?]; and
There must be unauthoriseduse of that information to the detriment of the person communicating it.

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