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 between two persons as a result of which there is confidence reposed on one side and a resulting superiority in position and influence on the other, 37 Am J2d Fraud §§ 15, 16; a relation in which confidence is reposed, and in which dominion and influence resulting from such conlidence may be exercised by one person over another, Burgdorfer v Thielemann, 153 Or 354, 55 P2d 1122, 104 ALR 1407; State v Russell (Mo) 265 SW2d 379, 45 ALR2d 617; a peculiar relation which exists between attorney and client, 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, executor or administrator and creditors and in many other cases. Robins v Hope, 57 Cal 493. Some courts, in dealing with the question of fraud, indiscriminately use the terms "fiducial relation" and "confidential relation." as being synonymous insofar as they affect the good-faith dealings between the parties to the relation. There is, however, a technical distinction helween the two terms, the former being more correctly applicable to legal relationships between the parties, such as guardian and ward etc., while the latter includes them and also every other relationship wherein confidence is rightfully reposed and is exercised, among which is a situation involving superiority of knowledge on the part of the one seeking to uphold the contract and confidence reposed in him by the other. Rohcrts v Parsons. 195 Ky 274, 242 SW 594.