Confidential Relation

Confidential Relation

Any connection between two individuals in which one of the parties has an obligation to act with extreme Good Faith for the benefit of the other party.

Confidential relations, also known as fiduciary relations, are not confined to any specific relationships but refer to all those that are founded upon secrecy and trust. The duty of secrecy in such a relation is intended to prevent undue advantage that might stem from the unlimited confidence that one party places in the other. A confidential relation need not be a legal one, but rather may be moral, domestic, social, or personal. Kinship alone, however, is insufficient to give rise to a confidential relation.

Common examples of confidential relationships, which give rise to confidential communications, include attorney and client, Husband and Wife, and physician and patient.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

confidential relation

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 a 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 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. (See: fiduciary)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in classic literature ?
I look to him to account to me for the confidential relations which seem to have been established between you behind my back.
He made several excursions into the country, recommended by the waiter at his hotel, with whom, on this and similar points, he had established confidential relations. He watched the deer in Windsor Forest and admired the Thames from Richmond Hill; he ate white-bait and brown-bread and butter at Greenwich, and strolled in the grassy shadow of the cathedral of Canterbury.
Laws 1632 ("The confidential relations and communications between a psychologist registered under provisions of this act and his client are placed on the same basis as those provided by law between attorney and client, and nothing in this article shall be construed to require any such privileged communications to be disclosed."); see also N.Y.
CODE [section] 34-26-2 ("[T]he confidential relations and communications between licensed psychologists, licensed psychiatrists, or licensed psychological technicians and their clients are placed upon the same basis as those provided by law between attorney and client...."); 42 PA.
[section] 330-A:32 (2004) (being the only state to include social worker on the same level as attorney-client relationship by stating, "[t]he confidential relations and communications between any person licensed under provisions of this chapter"); see id.
Certainly the public interest in the robust and uninhibited flow of information should continue to protect confidential relations between source and journalist."
But it is also a possible cause for embarrassment for canoodling rock stars and government benefactors, and, more alarmingly, for any business seeking confidential relations with the public sector.
The court also found no "confidential relations" or "special circumstances" requiring disclosure in this instance.
The reform of the Unit is called for in particular because the increased workload and the confidential relations it has to establish with outside bodies, such as Europol, the European Central Bank and legal authorities.

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