fiduciary relationship

The Advanced Law Lexicon, 3rd Edition, 2005, defines fiduciary relationship as “a relationship in which one person is under a duty to act for the benefit of the other on the matters within the scope of the relationship….Fiduciary relationship usually arise in one of the four situations (1) when one person places trust in the faithful integrity of another, who is a result gains superiority or influence over the first, (2) when one person assumes control and responsibility over another, (3) when one person has a duty to act or give advice to another on matters falling within the scope of the relationship, or (4) when there is specific relationship that has traditionally berecognized as involving fiduciary duties, as with a lawyer and a client, or a stockbroker and a customer”

knowledge Law Lexicon by P. Ramanatha Aiyar, 1997 edition explains the word `knowledge' as certain perception of truth, act or state of knowing that which is or may be known, acquaintance with things ascertainable, reasonable conviction, anything which may be subject of human instructions. While drawing distinction between knowledge, actual knowledge and knowledge relatable to different expressions, it describes as under: “1) `Knowledge' is confined to the personal knowledge of the person who has to deliver the account, including the information contained in all the documents which he possesses or has custody of, or to which he is entitled, but no further.... 2) `Knowledge' and `actual knowledge' have sometimes been held to be synonymous. The `knowledge' as used in a contract by which a fidelity and causality company bound itself to make good (to a ban) such pecuniary loss as the latter might sustain by reason of the fraud or dishonesty of a named employee in connection with his duties, providing that the contract would be void if the bank continued in its service an employee of whose untrustworthiness they had knowledge, means actual knowledge and not constructive. 3) Knowledge and Belief-` knowledge' is nothing more than men's firm belief, and is distinguished from `belief' in that the latter includes things which do not make a very deep impression on the memory., The difference is ordinarily merely in degree. 4) The meaning of the word `belief' and `knowledge', as defined by lexicographers, will show that there is a distinct and well defined difference between them.`Believe' is defined by Webster to mean to exercise trust or confidence, and by the Century Dictionary, to exercise belief in, to be perused upon evidence, arguments, and deductions, or by other circumstances other than personal knowledge. `Knowledge' , according to Webster, is the act or state of knowing , clear perception of fact, that which is or may be known. According to the Century Dictionary it means acquaintance with things ascertained or ascertainable, specific information. 5) Knowledge of the law- `The knowledge of the law with which every man is charged includes a knowledge of the constituent facts which make the law. That the Legislature enacted a certain law is a fact, but a knowledge of the law imputed to every man comprises a knowledge of that fact. That a certain law is valid or void is another fact, but every man is presumed to know whether it is valid or void, else he could not know the law”. Oxford Dictionary of the word `knowledge' is: “The fact of knowing a thing, state, etc or (in general sense person, acquaintance, familiarity gained by experience”). Acquaintance with a fact, perception, or certain information of a fact or matter, state of being aware or informed, consciousness (of anything). The object is usually a proposition expressed or implied, e.g., the knowledge that a person is poor, knowledge of his poverty..”