Contract Fraud Estate State
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Location

Las Vegas, Nevada

8965 South Eastern Ave. Suite 260

Las Vegas, Nevada 89123

Phone: (702) 614-0600

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Lead Attorney

Robert Atkinson

Mr. Atkinson is highly experienced in commercial litigation. For more information click here

Resources

Breach of a Confidential Relationship

Breach of a Confidential Relationship is similar to Breach of Fiduciary Duty, in that a party is liable for breaching a duty that is owed by virtue of a special relationship between the parties. However, a confidential relationship may arise by virtue of kinship or other informal relationships that typically would not create a fiduciary relationship between the parties.

The elements of a breach of a confidential relationship claim are:

  1. A confidential relationship exists between the parties, characterized by one party gaining the confidence of the other and purporting to act or advise with the other’s interest in mind;
  2. The person in whom the special trust is placed breaches a duty owed by virtue of the relationship, such as failing to act in good faith or with due regard to the interests of the other party;
  3. The breach proximately caused damages to the other party.

Yerrington Ford, Inc. v. General Motors Acceptance Corp., 359 F. Supp. 2d 1075, 1088 (D. Nev. 2004).