confidential relation

confidential relation
A fiduciary relation. It is a peculiar relation which exists between client and attorney, principal and agent, principal and surety, landlord and tenant, parent and child, guardian and ward, ancestor and heir, husband and wife, trustee and cestui que trust, executors or administrators and creditors, legatees, or distributees, appointor and appointee under powers, and partners and part owners.
In these and like cases, the law, in order to prevent undue advantage from the unlimited confidence or sense of duty which the relation naturally creates, requires the utmost degree of good faith in all transactions between the parties. It is not confined to any specific association of parties. It appears when the circumstances make it certain that the parties do not deal on equal terms, but on the one side there is an overmastering influence, or, on the other, weakness, dependence, or trust, justifiably reposed. The mere existence of kinship does not, of itself, give rise to such relation. It covers every form of relation between parties wherein confidence is reposed by one in another, and former relies and acts upon representations of the other and is guilty of no derelictions on his own part. Peckham v. Johnson, Tex.Civ. App., 98 S.W.2d 408, 416.
Confidential relations are deemed to arise whenever two persons have come into such a relation that confidence is necessarily reposed by one and the influence which naturally grows out of the confidence is possessed by the other, and this confidence is abused or the influence is exerted to obtain an advantage at expense of confiding party. Ruebsamen v. Maddocks, Me., 340 A.2d 31, 34.
See also fiduciary or confidential relation

Black's law dictionary. . 1990.

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  • confidential relation — A relationship of intimacy and trust, especially one in which one person is in a position of greater knowledge or power. (See also: fiduciary) Category: Personal Finance & Retirement Category: Small Claims Court & Lawsuits Nolo’s Plain English… …   Law dictionary

  • confidential relation — A fiduciary relation. It is a peculiar relation which exists between client and attorney, principal and agent, principal and surety, landlord and tenant, parent and child, guardian and ward, ancestor and heir, husband and wife, trustee and cestui …   Black's law dictionary

  • confidential relation — A technical fiduciary relation, such as trustee and beneficiary, and any informal relation between parties wherein one of them is in duty bound to act with the utmost good faith for the benefit of the other party, 57 Am J1st Wills 390; a relation …   Ballentine's law dictionary

  • confidential communication — con·fi·den·tial communication /ˌkän fə den chəl / n: a communication between parties to a confidential relation (as husband and wife, attorney and client, or doctor and patient) such that the recipient of the communication has a privilege… …   Law dictionary

  • confidential matter — index confidence (relation of trust), secret Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • confidential adviser-advisee relation — noun the responsibility of a confidential adviser to act in the best interest of the advisee • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑fiduciary relation …   Useful english dictionary

  • confidential communications — These are certain classes of communications, passing between persons who stand in a confidential or fiduciary relation to each other (or who, on account of their relative situation, are under a special duty of secrecy and fidelity), which the law …   Black's law dictionary

  • confidential communications — These are certain classes of communications, passing between persons who stand in a confidential or fiduciary relation to each other (or who, on account of their relative situation, are under a special duty of secrecy and fidelity), which the law …   Black's law dictionary

  • fiduciary relation — Often, but perhaps somewhat loosely, considered as the equivalent of confidential relation. There is a technical distinction between a fiduciary relation and a confidential relation, the former being more correctly applicable to legal… …   Ballentine's law dictionary

  • fiduciary relation — noun the legal relation that exists when one person justifiably places reliance on another whose aid or protection is sought in some matter • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑legal relation • Hyponyms: ↑bank depositor relation, ↑ …   Useful english dictionary

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