Confidential Relation

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 gue trust, executors or administraturs and creditors, legatees, or distributees, appointer and ap- G pointes 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 H the relation naturally creates, requires the utmost degree of good faith in all transactions between the parties.

57 Cal, 497; 1 Story, Eq. Jur. 218.