A confidential relation refers to a special relationship between two parties where one party places trust and confidence in the other, typically with regards to financial or personal matters. This relationship often arises in situations such as those between attorney and client, guardian and ward, or trustee and beneficiary. In such relationships, the party in the position of trust is expected to act in the best interests of the other party, exercise discretion, and avoid any conflicts of interest. Failure to uphold these responsibilities may result in legal consequences, including breach of fiduciary duty or exploitation of the confidential relationship for personal gain.
n. a relationship in which one person has confidence in and relies on another because of some combination of a history of trust, older age, family connection, and/or superior training and knowledge, to the point where the party relied upon dominates the situation, for good or bad. While it may include attorney and client, stockbroker and customer, real estate agent and buyer, a senior family member, and an unsophisticated relative, the relationship is defined on a case-by-case basis, with reliance and dominance being the key factors. In this situation, the trusting party does not have to be as vigilant or suspicious as with strangers or people who are not relied upon. The time clock (statute of limitations) to bring a lawsuit against a crook who is in a confidential relationship may not start to run until the misdeeds become extremely obvious.
A confidential relationship refers to a relationship between two parties where one party has a duty to keep certain information or communications confidential. This duty arises from a special relationship of trust and confidence between the parties, such as attorney-client, doctor-patient, or employer-employee relationships. The party with the duty to keep the information confidential is legally obligated to not disclose or use the information for their own benefit without the consent of the other party. A breach of this duty may result in legal consequences, including civil liability for damages.
A confidential relationship refers to a special relationship between two parties where one party has placed trust and confidence in the other, often giving rise to fiduciary duties or obligations of confidentiality, loyalty, and good faith.
Examples include attorney-client relationships, doctor-patient relationships, trustee-beneficiary relationships, guardian-ward relationships, and employer-employee relationships, among others.
A person in a confidential relationship generally owes fiduciary duties to act in the best interests of the other party, maintain confidentiality, avoid conflicts of interest, and disclose any relevant information that may affect the relationship.
Yes, confidential relationships can be established informally based on the circumstances and conduct of the parties, even in the absence of formal agreements or contractual relationships.
Breaching a confidential relationship may give rise to civil liability, such as lawsuits for breach of fiduciary duty, professional malpractice, or breach of confidentiality agreements, as well as potential disciplinary actions or sanctions.
The duty of confidentiality requires the party in a confidential relationship to keep any information shared by the other party confidential and not disclose it to third parties without proper authorization.
Yes, a confidential relationship can be established without a written agreement. It can be implied based on the nature of the relationship and the circumstances surrounding it.
If someone breaches the duty of confidentiality in a confidential relationship, they may be held liable for damages resulting from the breach. Legal remedies may include monetary compensation or injunctive relief.
Yes, a confidential relationship can be terminated by either party involved. However, the duty of confidentiality may continue even after the termination of the relationship if the information shared remains confidential.
Yes, a third party can be held liable for breaching the duty of confidentiality if they knowingly receive and disclose confidential information without proper authorization.
Yes, a confidential relationship can be established between friends or family members if there is a reasonable expectation of confidentiality and the parties involved understand and agree to the duty of confidentiality.
Yes, the duty of confidentiality can be waived in a confidential relationship if both parties agree to waive it in writing or through their actions. However, it is important to consult with legal counsel before waiving any rights to ensure it is done properly and knowingly.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 11th April, 2024.
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