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Faccenda Chicken Ltd v Fowler

[1987] Ch 117

Case summary last updated at 02/02/2020 17:01 by the Oxbridge Notes in-house law team.

Judgement for the case Faccenda Chicken Ltd v Fowler

C operated business of rearing, killing and selling fresh chickens. D was sales manager for C, but left to start up his own business selling fresh chickens in same area. Several of C’s employees left to join D. C sued D alleging breach of confidence, in that D had used sales information gained during his employment with D – i.e. contact details of customers, prices C charged etc. Held:
·       Four factors relevant to showing implied obligation (see notes)
·       On facts, was no breach of duty of fidelity
·       None of information could be regarded as secret
Ø  D had been required to remember the information to carry out his job as C’s sales director
Ø  Information was generally known amongst all staff
–       And not restricted to inner circle
Ø  Was no indication by C that information was confidential

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