Skip to main content

I have a MSA that has a confidentiality clause, which states both parties must keep the term of agreement private.

Tallahassee, FL |

Is it considered breach of contract when details of the contract are released by a party of the contract? What solutions do you have if the other party releases the details?

Attorney Answers 3


The contract should have penalties, or liquidated damages, listed for breach of the confidentiality clause.

I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.

Mark as helpful

2 lawyers agree


The contract should say what the penalties are for breach of contract. You should take your contract to a local attorney and have them review it for you and advise you.

B. Elaine Jones, Esq.

Mark as helpful

4 lawyers agree


It depends what kind of details were released. If the essential terms to a contract are made known to interested third parties, then this is probably a material breach subject to the contractual remedies if damages occur. If minor details are released, but the names of the parties are not known or the main terms of the agreement are still kept private, then a material breach may not have necessarily occurred, in which case damages may be limited or non-existent.

PLEASE NOTE THAT THIS COMMUNICATION DOES NOT CONSTITUTE LEGAL ADVICE AND IN NO WAY, SHAPE OR FORM DOES AN IMPLIED OR ACTUAL ATTORNEY-CLIENT RELATIONSHIP ARISE FROM THIS COMMUNICATION. This reply is intended for comment only, based on the limited information provided. To obtain legal advice, you should consult with a licensed attorney in your local area before initiating actions that may affect your legal rights.

Mark as helpful

1 lawyer agrees

Lawsuits and disputes topics

Recommended articles about Lawsuits and disputes

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics