The Contract between Darcy and Wickers.

Darcy has a cause of action against Wickers in this case. As borne out by the facts, the two entered into a contract by which Wickers are to withhold any information he may have known about the life of Kitty while under his custody in consideration of the 50,000 pounds which Darcy will give to him. The object of the contract therefore is for the peace of mind of Darcy not to be molested by the adverse public image on him, Kitty may bring in the event the life of the latter is exposed to the public. This contract does not in any way violate the law, public policy or public moral. Rather, the contract forged by Darcy and Wickers is the law between them. When Wickers reneged in his obligation not to do a certain act, i.e., to withhold from the public his knowledge of the life of Kitty, he has already incurred liability therefore. Coming now to the possibility of Darcy’s claim relating to damages for mental distress, it is unequivocal that Darcy suffered mental distress by reason of the act of Wicker in disclosing to the media his knowledge of the life of Kitty under his custody. In the ordinary course of things, a politician with a fiancée whose family affair is better off insulated from the public would be greatly affected, with respect to his political career, in the event such family issue is exposed to the public. This is especially true when such disclosure is malicious and unwarranted, coupled with the fact that there is an agreement to the contrary. Although the above cited case does not fall squarely on the present case, the principle enunciated is equally applicable. Wickers, in disclosing to the media an otherwise private information has committed what was termed in Campbell as misuse of private information. The cause of action of Darcy is bolstered by the contract Wickers have entered with him. True, one may argue that the person who should have suffered damages is Kitty and that the damage supposedly suffered by Darcy is remote. But that proposition is only relevant when there is no pre-existing contract on the non-disclosure of such information. At the risk of being repetitious, the cause of action of Darcy is anchored on breach of contract by Wickers and as a result, the former incurred damages although, no pecuniary damages are involved.

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