Legal Question in Business Law in California
Duty to maintain secrecy in fraternities and sororities
Do members of a college fraternity or sorority have a legal obligation to not reveal secret songs and ceremonies? Does this constitute a binding contract and does it survive after the member graduates and stops paying dues? Would it be illegal for a non-member with no relation to the fraternity to induce a member or former member to reveal these secrets, such as by offering payment? Would the fraternity have any recourse against a non-member who obtained secrets in this manner and then published them?
2 Answers from Attorneys
Re: Duty to maintain secrecy in fraternities and sororities
If the organization specifically notifies all potential members that such information is secret and must not be revealed, there is arguably an oral contract. Inducing someone to violate the terms of such a contract could be interference with contract. Application of these laws will vary from state to state. At the very least, however, I would imagine that a good attorney could convince a judge to order that the non-member stop publishing the secrets, if not pay damages. You should seek competent counsel in your area for a definitive answer.
Re: Duty to maintain secrecy in fraternities and sororities
I would not dispute a word of the prior comment on your question. I would add, however, that the law does not provide a remedy for a range of contracts that are regarded as merely 'social' in nature, such as an agreement to be one's date for the senior prom. There is a possibility courts would not hear a case of this kind. If it did, the plaintiffs would have a difficult time, I would think, in establishing compensable harm. By analogy and for example, in California a trade secret must have independent economic value in order for a plaintiff to maintain an action for its disclosure.
Related Questions & Answers
-
Partnership Bankruptcy My partner of 9 yrs. told me in September he was going to... Asked 12/02/02, 3:39 pm in United States California Business Law
-
Disclosure rules for members in LLC Background: A 4 member LLC in California. The... Asked 11/28/02, 10:13 pm in United States California Business Law
-
Alcohol delivery business I am curious as to what would be required to start an... Asked 11/27/02, 3:13 am in United States California Business Law
-
Payroll Hung Up In Frozen Bank Accounts Recently, the assets of the company I work... Asked 11/22/02, 11:41 pm in United States California Business Law