Team of people, including C, put together a business plan with view to securing assets of a company. Information was disclosed to a potential financial backer of plan (D), who stated he was happy to finance project provided C had no part; other members of team consented to C being excluded and carried on without him. C claimed for breach. Held:
· Confidential information came into being for purpose of facilitating project.
· Thus when C was excluded from project, had no right to control how information was used.
· Solution based on expectations of parties
Ø i.e. was no binding agreement that all parties had to take part in project
Ø thus any one of them could have withdrawn at any time
Ø thus info obviously was an adjunct to project