What is CONFIDENTIAL RELATION? Definition of CONFIDENTIAL RELATION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
A fiduciary relation. These phrases are used as convertible terms. 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, appointer 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. Shell Petroleum Corporation v. Pratt, D.C.Kan., 22 F.Supp. 304, 305, 306. 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 over- mastering 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. In re Null's Estate, 302 Pa. 64, 153 A. 137. 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.
The term "confidential relations," within the exception to the rule that misrepresentations of law will not work an estoppel, is not confined to the strict fiduciary relationship existing between those having definite, wellrecognized legal relations of trust and confidence, but extends to every
possible case in which a fiduciary relation exists as a fact, though it may be a moral, social, domestic, or merely personal relation, and need not be a legal one. Robbins v. Law, 48 Cal.App. 555, 192 P. 118, 120; Hitchcock v. Tackett, 208 Ky. 803, 272 S.W. 52, 54.
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That's the definition of CONFIDENTIAL RELATION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.
