Delaware
How Cohen v. Cowles Media Co. applies in Delaware: state-specific rules, key cases, and bar exam notes for Other.
Delaware courts follow similar principles established in Cohen v. Cowles Media Co., recognizing that promises made in the context of confidential relationships may create enforceable contractual obligations. The state emphasizes the importance of reliance and damages in cases involving breach of confidentiality in media contexts.
In Delaware, if a party induces reliance on a promise of confidentiality, a breach of that promise may give rise to a cause of action for damages, particularly where a party suffers harm due to reliance on the promise.
The court held that statements made in a confidential setting can lead to liability if they breach a promise of confidentiality.
Established that breaching confidentiality leads to liability for damages when reliance can be demonstrated.
Clarified that a breach of promise concerning confidential information requires a showing of reliance and resulting harm.
Delaware's application of the principles from Cohen reflects a strong emphasis on maintaining the sanctity of confidential communications, similar to federal standards that also protect promises of confidentiality. However, Delaware law may illustrate a more flexible approach in determining damages based on harm suffered from reliance.
Questions regarding confidentiality agreements and damages stemming from breaches are common in the Delaware bar exam, reflecting the state's lean towards protecting confidentiality in media and other relationships.