Confidential Relation

views updated

CONFIDENTIAL RELATION

Any connection between two individuals in which one of the parties has an obligation to act with extremegood faithfor 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.