For a conventional analysis it is not necessary to find a particular status (trustee, servant) before concluding that a fiduciary relation
He then identifies what he describes as the two core elements of fiduciary relations
found in recent fiduciary law jurisprudence: undertakings and discretion.
T]he risk of abuse which all fiduciary relations
pose for the
162) Although most courts will concede that a friendship alone cannot trigger the responsibilities of a fiduciary relation
, some will still acknowledge that friendship "is often an important consideration and undoubtedly furnishes a vantage ground for one is not likely to expect a friend to deceive him into a bad bargain.
110) Little legal principle for the identification of fiduciary relations
is discussed in the case, and in the circumstances the bank's relationship with its customer appears to have been materially different from (and far more distant than) that between an investment bank and its financial advisory client.
Thus, for example, the parent-child relation is on principle a fiduciary relation
in the fullest sense (to the extent that access is limited, rather than open), (195) and not merely selectively for the purposes of a claim of undue influence.
81 (2013); Richard Holton, Fiduciary Relations
and the Nature of Trust, 91 B.
They are looking for something special about fiduciary relations
The court in Doe also stated that "[a] fiduciary relation
exists between two persons when one of them is under a duty to act for or to give advice for the benefit of another upon matters within the scope of that relation," (16) relying on Comment a to [section] 874 of the Restatement (Second) of Torts.
Re Hallett's Estate (1880), 13 Ch D 696 (available on WL Can) (CA), Jessel MR ("the moment you establish the fiduciary relation
, the modern rules of Equity, as regards following trust money, apply" at 710); Guerin v R,  2 SCR 335, 13 DLR (4th) 321, Dickson J [Guerin cited to SCR] ("[i]t is the nature of the relationship .
4) This seems logical, since while on the one hand "[t]he majority has the right to control," on the other hand, when it does, it "occupies a fiduciary relation
toward the minority, as much so as the corporation itself or its officers and directors.
stand in a fiduciary relation
to the corporation and its stockholders.
Restatement (Second) of Torts [section] 874 (1977): "One standing in a fiduciary relation
with another is subject to liability to the other for harm resulting from a breach of duty imposed by the relation"; Conaglen, supra note 2 at 454-55; Smith, "Resource Theory", supra note 2 at 1432; John Glover, "The Identification of Fiduciaries" in Birks, supra note 3, 269.
The Commonwealth Court of Pennsylvania has also held that a "director of a nonprofit corporation shall stand in fiduciary relation
to the corporation.
Thus, a fiduciary theory of judging should first identify the nature and substance of fiduciary law, the historical circumstances that enabled its creation and shaped its development, and the normative ramification following the existence of fiduciary relations