Coco v A.N Clark - Case Summary PDF

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Case Brief: Case Name: Coco v A.N Clark (Engineers) LTD. Court: Chancery Division Judge(s): Megarry, J Material Facts: Coco created his own design for his Coco moped and shared it with Clark for business purposes. After a problem was found with the design the rear tyre Clark abandoned the Coco moped and created their own Scamp moped. The design of the piston in the engine was by Coco but the same design piston could be ordered online. Clark claimed no part of the moped’s design was from the Coco model but Coco had doubts and took the case to court. Relief Sough by Plaintiff: Interlocutory Relief and injunction Procedural History: Result in this Case: A.N Clark (original defence) won. Not all the elements of the test were satisfied because the same design engine as the Coco one could be attained online. Legal Issues: 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 an action of breach of confidence if he uses that information to construct his own moped. Three legal issues were raised to conclude on this main issue; 1. The information must be of a confidential nature 2. The information must have been imparted in circumstances imposing an obligation of confidence 3. There must have been an unauthorised use of the information to the detriment of the communicator Ratios: A manufacturer will be in breach of confidence if he uses information provided to him in confidence but the information is available in the public domain OR A manufacturer will be in breach of confidence if he uses information given to him by another person and the information is of a confidential nature the information was imparted in circumstances leading to an obligation of confidence and the information was used without the person’s consent and to their detriment...