PJC Business

F IDUCIARY D UTY

PJC 104.1

Source of question and instruction. PJC 104.1 is derived from Thigpen , 363 S.W.2d at 253 (confidential relationship exists if beneficiary is justified in placing trust and confidence in fiduciary to act in beneficiary’s best interest); Crim Truck & Tractor Co. , 823 S.W.2d at 594–95 (subjective trust alone does not transform arm’s-length transaction into fiduciary relationship); and Fitz-Gerald v. Hull , 237 S.W.2d 256, 261 (Tex. 1951) (informal relationship may arise where one person trusts and relies on another).

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