Justice Goodman noted that the prohibition of debauchery and confidentiality clauses contained in the employment contract were appropriate and unambiguous and did not restrict “Harriman`s right or ability to live or manage an activity as an insurance broker” or, in general, to sell them. “In addition, the evidence gathered by Stress-Crete, including [Harriman`s] emails and other statements, clearly and objectively demonstrates the intention to do business,” the decision reads. “The use of confidential information to facilitate advertising is in itself an offence.” Written confidentiality agreements contain documents or evidence of understanding the confidentiality of the information received by the receiving party. The obligation of the receiving party to maintain the confidentiality of confidential information is clearly expressed. A written contract allows the disclosing party to define crucial terms and more effectively control how the information is used. The written treaty is proof of what has been agreed and can help to avoid any misunderstanding afterwards. From the receiving party`s perspective, well-formulated NDAs should: (a) address the consequences of a breach of confidentiality, which may vary depending on whether the breach was intentional, negligent or through no fault of the injuring party; (b) expressly preserve the right of the disclosing party to seek appropriate remedies by recognizing that an offence may cause irreparable damage that cannot be adequately compensated by damages; and (c) include compensation for loss or damage (including claims of third parties) resulting from the breach. . . .