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LSDefine

Simple English definitions for legal terms

confidential relationship

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A quick definition of confidential relationship:

A confidential relationship is a special connection between two or more people where they have a duty to keep certain information private. This can be established by a formal agreement or implied when one person knows that the information is confidential and the other person believes that it should be kept secret. Examples of confidential relationships include attorney-client, doctor-patient, and employer-employee relationships. In these relationships, one person has a duty to act in the best interest of the other person and to keep their information private.

A more thorough explanation:

A confidential relationship is a legally recognized association between two or more people that imposes a duty on one person not to disclose proprietary information to the other. This relationship can be expressly established, as by the terms of an employment contract, or implied when one person knows or should know that the information is confidential, and the other person reasonably believes that the first person has consented to keep the information confidential.

For example, a confidential relationship might be implied between two people negotiating the sale of a business. One party may share confidential financial information with the other, and the other party has a duty not to disclose that information to anyone else.

Other examples of legally recognized relationships include:

  • Attorney-client relationship: The formal legal representation of a person by a lawyer. This relationship imposes a duty on the lawyer to keep the client's information confidential.
  • Doctor-patient relationship: The association between a medical provider and one who is being diagnosed or treated. This relationship imposes a duty on the doctor to ensure that the patient gives informed consent for treatment.
  • Employer-employee relationship: The association between a person employed to perform services in the affairs of another, who in turn has the right to control the person's physical conduct in the course of that service. This relationship imposes a duty on the employee to keep the employer's confidential information confidential.
  • Parent-child relationship: The association between an adult and a minor in the adult's care, especially an offspring or an adoptee. This relationship imposes a high duty of care on the adult, including the duties to support, to rescue, to supervise and control, and to educate.
  • Professional relationship: An association that involves one person's reliance on the other person's specialized training. Examples include one's relationship with a lawyer, doctor, insurer, banker, and the like.

These relationships impose different duties and responsibilities on the parties involved, and failure to uphold these duties can result in legal consequences.

confidential marriage | confidential source

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