Topic: an abuse of confidence within the rule may be an abuse of e… · Go Syfert
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Topic #18523

5 canonical passages across 4 cases, quoted by 22 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Sojourner v. Sojourner.

#Case FlagCanonical passage Citers
1 Sojourner v. Sojourner Anchor
miss · 1963
green “an abuse of confidence within the rule may be an abuse of either a technical fiduciary relationship or of an informal relationship where one person trusts in and relies upon another, whether the relation is a moral, social, domestic, or merely personal one.” 7
2 Sojourner v. Sojourner
miss · 1963
green “a confidential relationship within the rule need involve neither a promise for the benefit of another nor an express fiduciary relationship.” 4
3 In Re Estate of Horrigan
miss · 1999
green “such a trust arises by implication from the relationship and conduct of the parties and may be established by parol testimony notwithstanding the statute of frauds.” 4
4 Thornhill v. Thornhill
missctapp · 2004
green “it is the relationship plus the abuse of confidence that authorizes a court of equity to construct a trust for the benefit of the party whose confidence has been abused.” 4
5 Allred v. Fairchild
miss · 2001
green “the determination of the existence of a constructive trust is a matter of law and thus, subject to de novo review.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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