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A common example of implied confidentiality obligation is employment context. All employees, if disclose info, is misapp. oTwo methods of acquiring trade secrets that are NOTmisappropriationIndependent development:if someone else develops the same knowledge on its ownReverse engineering: if someone disassembles and works backwards to discover the trade secretOr the information is found in a productoSmith v. Snap-On Tools Corp.The investor (plaintiff) neither patented or kept it confidential. He voluntarily offered it to a tool company (D) stating it would be compensation enough if some day he saw Defendant sell his invention. Defendant began selling and made a lot of money. Plaintiff sued for trade secret misappropriate. But lost because he voluntarily conveyed the information to Defendant without demanding or requesting confidentiality oIntegrated Cash Management Services v. Digital Transactions, (235)Mistakes:being ignorant of the law is not a mistake; just because you are not aware of the law, doesn’t mean you can break it;Mistake of fact:30
Technically a crime, but it’s not? At a party and you take a cellphone that isn’t yours but looks like it; you weren’t trying to steal someone’s phone; locksmith with a car that looks like yours;Entrapment: occurs when a law enforcement officer creates an opportunity for you to commit a crime that you wouldn’t have committed otherwiseundercover cop coming up to you at a party offering to sell you some drugs; then you actually buy them and cops show up ignorance and stupidity don’t count hereIf both parties are mistaken as to a material fact, either party can rescind the contractIf only one person is mistaken it is unlikely the contract will be rescindedA doubt isn’t the same as a mistakeMistake of law:What is valid: 2 typesoNobody knows what the law is; not just you, if you were to ask around in society and no one knows, then you could have a mistake of lawoLaw enforcement tells you something that is wrong; you get bad info from someone who should be giving you good info;Modification contract:Alters the terms of the first contract In order for it to be valid we need to have the usual consideration requirements Exception comes from UCC….The modification must be made in good faithModification must be unconscionableMoral Codes:Moral codes tend to have:oNegative appraisals of harm to others oValues pertaining to fairnessoRequirements concerning behaving in a way that fits status in social hierarchyoRegulations concerning bodily matters (sex, hygiene, etc.)Moral Distance:The farther a person is located from the impact of the action, the easier it is to act immoral Moral Dumbfound:Dogmatic insistence on a moral judgement for which no good reason can be givenSnap moral judgements that cannot be explained intellectually Evidence that evolution has played a significant role in many of our moral beliefs