swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Information - From: 1849 To: 1899
This page lists 6 cases, and was prepared on 08 August 2015.
Prince Albert -v- Strange; ChD 8-Feb-1849 - (1849) 1 H & Tw 1; 2 De G & SM 293; (1849) 1 Mac & G 25; [1849] EWHC Ch J20; [1849] EngR 255; (1849) 41 ER 1171; [1849] EngR 261; (1849) 47 ER 1302; (1849) 2 De Gex & Sim 652
Morison -v- Moat (1851) 9 Hare 241; [1851] EngR 790; (1851) 68 ER 492
20 Aug 1851
Sir George Turner VC
Employment, Information
A servant, Moat, sought to use a secret formula of his employer's. The plaintiff requested an injunction to restrain use of the formula. Held: The Vice Chancellor reiterated the principles, as to which he said there was "no doubt", adding: "The Defendant admits that the secret was communicated to him by Thomas Moat . . The question then is whether there was an equity against him; and I am of opinion that there was. It was clearly a breach of faith and of contract on the part of Thomas Moat to communicate the secret. The Defendant derives under that breach of faith and of contract, and I think he can gain no title by it . . the cases of Tipping v Clarke and Prince Albert v Strange shew that the equity prevails against parties deriving under the breach of contract or duty.
It might indeed be different if the Defendant was a purchaser for value of the secret without notice of any obligation affecting it; and the Defendant's case was attempted to be put upon this ground . . but I do not think that this view of the case can avail him . . So far as the secret is concerned he is a mere volunteer deriving under a breach of trust or of contract."
1 Citers
[ Commonlii ]
Morison -v- Moat (1852) 21 LJ Ch (NS) 248
1852
Employment, Information
Affirmed
1 Cites
1 Citers
Lamb -v- Evans; CA 1893 - [1893] 1 Ch 218
Robb -v- Green; 1895 - [1895] 2 QB 1
Robb -v- Green; CA 2-Jan-1895 - [1895] 2 QB 315
