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Fiduciary relatioship

A relation with friends is also fiduciary right .there are chances to dominate

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Reetikaa  R

Reetikaa R

CA Foundation

4K+

25-Mar-21 00:07

19

Answers (11)

Normally, not. For fiduciary relationship to be presupposed, at the outset of relationship it is known who may dominate the will. Example father in case of Father-son, Solicitor in case of solicitor-client etc. In case of friend-friend, you can't say that.


Sahibdeep Singh

Sahibdeep Singh

Moderator

25-Mar-21 10:41

Normally, not. For fiduciary relationship to be presupposed, at the outset of relationship it is known who may dominate the will. Example father in case of Father-son, Solicitor in case of solicitor-client etc. In case of friend-friend, you can't say that.

Sir but fiduciary relationship mean relationship of trust and confidence exist between parties But In case of friends why their Is no relationships sir??


sai t

sai t

CA Foundation

295

25-Mar-21 10:48

Same doubt sir


Reetikaa  R

Reetikaa R

CA Foundation

4K+

25-Mar-21 10:52

Sir but fiduciary relationship mean relationship of trust and confidence exist between parties But In case of friends why their Is no relationships sir??

Think from a law perspective. Assuming a fiduciary relationship between friends will bring so many contracts, under the ambit of undue influence. So, we can't generalise. There has to be something more than mere friendship and it will depend on the circumstances of case.


Sahibdeep Singh

Sahibdeep Singh

Moderator

25-Mar-21 11:36

Think from a law perspective. Assuming a fiduciary relationship between friends will bring so many contracts, under the ambit of undue influence. So, we can't generalise. There has to be something more than mere friendship and it will depend on the circumstances of case.

Yes sir their can taken advantage by the person on his friend now the but in some cases it can also be unlawful sir because their can be chanses of stifling prosecution also sir concept is clearly understood sir thank you


sai t

sai t

CA Foundation

295

25-Mar-21 11:45

Am I correct sir??

Mostly. Stifling prosecution is a different topic, don't combine both.


Sahibdeep Singh

Sahibdeep Singh

Moderator

25-Mar-21 18:19

Mostly. Stifling prosecution is a different topic, don't combine both.

OK sir


sai t

sai t

CA Foundation

295

25-Mar-21 18:25

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