Pre-contractual estimates of delivery time given by an experienced supplier have probative value as evidence of what constitutes a reasonable time for performance, without the other party needing to prove the particular assumptions underlying those estimates. Where a party's own conduct (such as cancelling component orders and pursuing an internal review) prevents it from performing, and it leads no evidence that delay was caused by circumstances beyond its control, the evidential burden shifts and the pre-contractual estimates are capable of proving that a reasonable time has elapsed. Disclosure of confidential commercial documents to a company's own board of directors is not itself a breach of equitable confidence where the transaction is sufficiently significant to warrant board attention, even where directors are affiliated with a competitor — though injunctive relief may still be granted to restrain misuse.
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