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Which of the following relations do not fall in the category of fiduciary relationship and thus dose not raise the presumption of undue influence?
Parent and child
Trustee and beneficiary
Landlord and tenant
Woman and her confidential managing agents
- Parent and Child: This relationship often involves trust and dependence, typically qualifying as fiduciary. Undue influence could be presumed if abuse of power is evident.
- Trustee and Beneficiary: This is a classic fiduciary relationship. Trustees have legal responsibilities towards beneficiaries, creating opportunities for undue influence if not handled correctly.
- Landlord and Tenant: This is generally not considered a fiduciary relationship. Transactions are contractual, reducing the presumption of undue influence.
- Correct Answer: Landlord and Tenant
- Woman and Her Confidential Managing Agents: This scenario can involve fiduciary duties if managing agents act on her behalf and could potentially abuse this power.
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