Also known as: mystery · mysteries · trade · guild · craft
Written by attorneys · grounded in primary & secondary sources — see below
A historical term for a trade or business. The word denoted a craft or vocation in which a person exercised specialized skill or knowledge.
Malcolm McKinley hired Mason McCarthy, a licensed plumber, to install new pipes in his home. McCarthy performed the work using only basic tools and methods that fell below the standard practiced by competent plumbers in the area. When leaks caused extensive water damage, McKinley sued for negligence. The court measured McCarthy's conduct against the skill normally possessed by members of the plumbing mistery in good standing in similar communities.
Mirage Hotels sued a former supplier for breach and sought discovery of the supplier's secret cleaning formula. The supplier moved for a protective order asking that the formula be revealed only to designated counsel under seal. The court granted the motion and limited disclosure to prevent public revelation of the confidential commercial information belonging to the supplier's mistery.
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Mustafa Mahmoud sold his auto-repair shop to Meridian Motors and promised not to open a competing garage within fifty miles for five years. Two years later Mahmoud opened a new shop across the street. Meridian sued to enforce the covenant. The court examined whether the restraint was greater than needed to protect the buyer's legitimate interest in the purchased goodwill of the mistery.
Michelle Murphy told customers that Maria Morales, owner of a local bakery, used expired ingredients. The statements were false and damaged Morales's reputation among suppliers and patrons. Morales sued for slander without proving special harm. The court held the statements actionable per se because they imputed conduct incompatible with the proper conduct of the baking mistery.
Matrix Technologies served a subpoena on a competitor seeking its confidential customer database. The competitor moved to quash, arguing the list constituted protected commercial information. The court considered whether to quash or modify the subpoena to prevent disclosure of the trade secret belonging to the competitor's mistery while still allowing limited discovery under appropriate conditions.
Melanie Morris published statements claiming that Maxwell Manufacturing routinely shipped defective parts. The statements were false and directly impugned the company's ability to conduct its manufacturing business. Maxwell sued for slander without proof of special harm. The court held the statements actionable per se because they ascribed characteristics that would adversely affect fitness for the proper conduct of the manufacturing mistery.
The term originally denoted a craft or vocation. Modern tort doctrine measures the conduct of one who undertakes services in a profession or trade against the skill normally possessed by competent members of that trade in similar communities.
Supporting sources
A court may issue a protective order requiring that confidential commercial information not be revealed or be revealed only in a specified manner when a party shows good cause. The same concern appears in rules governing subpoenas that would disclose trade secrets.
A promise to refrain from competition is unreasonably in restraint of trade if the restraint is greater than needed to protect the promisee's legitimate interest or if the promisee's need is outweighed by hardship to the promisor and likely injury to the public.
Slander that ascribes to another conduct, characteristics, or a condition that would adversely affect fitness for the proper conduct of a lawful business, trade, or profession is actionable per se.
…Montgomery. The text appeared over the names of 64 persons, many widely known for their activities in public affairs, religion, trade unions, and the performing arts. Below these names, and under a line reading "We in the south who are struggling daily for dignity and freedom warmly endorse this appeal," appeared the…