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Sam -
I probably failed to make one point clear - the distinction I was making is
NOT the relationship between individuals versus that between an individual
and a business firm. There IS no contract between you and me - we have not
entered into any sort of mutual-benefit agreement involving an exchange of
something of value. We owe each other nothing except a personal
responsibility to treat each other with courtesy.
That is NOT the situation with Omega - there IS a contract between Omega and
each of its customers (and I mean "contract" in the broad sense to include
not only what is written, but also the reasonable expectations of each
party). The essence of a contract is that it involves MUTUAL
responsibilities, and a breach of that contract by either party relieves the
other party of his/her responsibilities under that contract.
Finally, let me emphasize that my comments are not intended to be strictly
accurate in a technical, legal sense. Omega would argue, of course, that it
has no strict contractual obligation to provide the subject information to
customers. I believe, however, that in all such business transactions there
is a broader implied contract and it is this contract which Omega has
violated.
As for the practical question you raise ("If a consultant will do this to
Omega he will do it to anyone. Trust is trust. If I EVER violate that
trust I am through in this industry - all I will be able to do after that
is sell systems like any other snake oil salesman..."),
If there is ample evidence that company XYZ was acting in a manner harmful
to its customers and your breach of confidentiality with XYZ was an effort
to partially limit that harm, I certainly would not hesitate to hire you -
unless, of course, I also intended to act toward my customers in a sleazy
manner. As an aside, I also would like to point out that trust, too, is a
two-way street.
Regards,
Carroll
> It does not matter whether you contract is with an individual or with a
>corporation - a confidence is a confidence. If a consultant will divulge
>the trade secrets of one associate I must assume he will divulge the trade
>secrets of ANY associate. Being upset with a client does not in any way
>remove the obligations of confidentiality. Period.
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