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Jim has written a “Fantasy” genre work as part of his final year postgraduate degree. His academic mentor has suggested trying to sell the idea to a national or online broadcaster. He approaches a broadcaster who listens intently to it. A month later he receives an email from the broadcaster turning down the idea of turning his work into a television drama. Due to this rejection Jim decides to pursue his academic studies fully. Six months later as he is watching a “Fantasy” website on his laptop he sees an upcoming drama from the broadcaster who turned him down where his “Fantasy” work is being used. A. Assess whether the Broadcaster has breached a duty of confidence by broadcasting Jim’s work. Your answer should examine the elements of an actionable breach of confidence, supported by case law, as well as the remedies that apply.
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