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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10591
Experience:  Barrister 17 years experience
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If there is a non disclosure clause in a loan and the creditor

Customer Question

If there is a non disclosure clause in a loan and the creditor has shown it to other people would this amount to breach of confidence?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Confidentiality and non-disclosure are two different things with two different effects in law. Here, just because there was a non-disclosure clause does not mean that the document was confidential. In law, you can get damages and an injunction for breach of a non disclosure clause in a loan agreement. However, you cannot get the equitable remedies which would accrue if the document was confidential, nor can you enforce the non disclosure agreement against third parties as you could a confidentiality clause. So here your primary remedy is against the creditor for the wrongful disclosure of the terms of the loan. This will normally mean money damages. But if the creditor is likely to disclose the agreement to other parties, then you can get an injunction preventing them from doing this.

Customer :

I believe the creditor have already disclosed such terms to a lawyer, her family and other people. Subject to this, I was forced to repay the loan outside of the agreed date as others have been pressuring me and raising eye brows against me.

Buachaill :

2. If the creditor disclosed the terms to a lawyer, then if the lawyer was advising the creditor, this would not be actionable. However, if the lawyer wasn't then this would give rise to money damages. In either case disclosure to the lawyer's family and other people would be actionable.

Customer :

Ok

Customer :

How are the adjustments measured?

Buachaill :

3. What adjustments are you referring to? I don't understand your question.

Customer :

The monetary repayment for the breaches.

Buachaill :

4. What monetary repayment for breaches. I haven't mentioned either adjustments or monetary repayment for breaches????

Customer :

"This will normally mean money damages. But if the creditor is likely to disclose the agreement to other parties, then you can get an injunction preventing them from doing this."

Buachaill :

5. Money damages are not monetary repayment, nor are they adjustments. They are a separate cause of action for money damages which has nothing go to do with either repayment or adjustments.