ABSTRACT
A confidence is formed whenever one party (‘the confider’) imparts to another (‘the confidant’) private or secret matters on the express or implied understanding that the communication is for a restricted purpose. In these circumstances, equity will restrain the confidant from making unauthorised use of the information and if need be, will hold her or him accountable for any profits acquired by its improper use. This is because the law recognises that ‘it is the privilege of all persons who possesses information to keep that information confidential’.
