§16.2 Difference Between Fiduciary Relationships and Confidential Relationships
The Case: Foster Business Park, LLC. v. Winfree , No. M2006-02340-COA-R3-CV, 2009 WL 113242 (Tenn. Ct. App. Jan. 15, 2009).
The Basic Facts: Surti, an owner of the Plaintiff Foster Business Park, LLC, alleged that defendant bank officer Winfree breached fiduciary and other duties to Surti, Foster Business Park and others.
The Bottom Line:
FN16 All fiduciary relationships are confidential relationships, but not all confidential relationships are fiduciary relationships. A fiduciary relationship connotes a legal relationship, a confidential relationship includes not only fiduciary relationships but also every other relationship in which confidence is rightly reposed and exercised. Steven W. Feldman, Tennessee Practice: Contract Law and Practice § 6.13, at 504 (2006) ("Tennessee Practice: Contract Law and Practice")."
2009 WL 113242 at *12.