Even if there was not an express confidentiality agreement, it may be that the disclosure was such as to attract an implied condition
Imagine the Christian Identity Movement preaching to blacks or Jews their messages of racist hate as an implied condition
of receiving help.
Note that if the buyer inspects the goods (as opposed to just the packaging), the implied condition of merchantable quality may not apply.
It is an implied condition under sale of goods legislation that the bulk will be of the same quality as the sample.
Sale of goods legislation contains several important implied conditions.
It does not cover advanced topics like personal property rules, equitable estates, marital estates, concurrent estates, lapse, trusts, adoption, the Rule in Clobberie's Case, or the more sophisticated or collateral rules for construction of ambiguous conveyances (such as implied conditions
of survivorship) or for perpetuities (such as infectious invalidity and the validity of charitable gifts).
The trial court ruled that breach of the implied conditions could not survive the defense of sovereign immunity.
Although the Supreme Court in Miorelli refused to require the sovereign to pay for work not contemplated by contract, it did not address the circumstance where the sovereign, by conduct, breaches the implied conditions of the express terms of the contract, i.