Cited by

“The party to a suit, complaining that his opponent is in court with ‘unclean hands’ because of the latter’s conduct must show that he himself has been injured by such conduct, to justify application of the principle to the case.” Cornwell v. Cornwell, 116 N.H. 205, 210 (1976) (quotation and ellipsis omitted).

“[A] confidential relation exists between two persons when one has gained the confidence of the other and purports to act or advise with *448 the other’s interest in mind.” Cornwell v. Cornwell, 116 N.H. 205, 209 (1976).

Because the statute of frauds does not apply to preclude the admission of parol evidence in a constructive trust action, Cornwell v. Cornwell, 116 N.H. 205, 209, 356 A.2d 683, 686 (1976), “the door [is opened] to attacks on record titles and on transfers which on their faces are absolute.” G. Bogert, The Law of Trusts and Trustees § 472, at 50 (2d ed. rev. 1978).

Cornwell v. Cornwell, 116 N.H. 205, 209, 356 A.2d 683, 686 (1976); Clooney, 118 N.H. at 757, 394 A.2d at 316.

Cornwell v. Cornwell, 116 N.H. 205, 209, 356 A.2d 683, 686 (1976); Kachanian v. Kachanian, 100 N.H. 135, 137, 121 A.2d 566, 568 (1956).

Cornwell v. Cornwell, 116 N.H. 205, 208-09, 356 A.2d 683, 686 (1976); Kachanian v. Kachanian, 100 N.H. 135, 137, 121 A.2d 566, 568 (1956).

towards liberalizing the term [fiduciary] in order to prevent unjust enrichment.’ ” Lash v. Cheshire County Savings Bank, Inc., 124 N.H. 435, 438, 474 A.2d 980, 981 (1984) (quoting Cornwell v. Cornwell, 116 N.H. 205, 209, 356 A.2d 683, 686 (1976)).

A confidential relationship exists if there is a “personal rela *28 tionship of such a character that the transferor is justified in believing that the transferee will act in his interest.” Cornwell v. Cornwell, 116 N.H. 205, 209, 356 A.2d 683, 686 (1976) (quoting Kachanian v. Kachanian, 100 N.H. 135, 137, 121 A.2d 566, 568 (1956)).

A fiduciary relationship has been defined as “a comprehensive [term] and exists wherever influence has been acquired and abused or confidence has been reposed and betrayed.” Cornwell v. Cornwell, 116 N.H. 205, 209, 356 A.2d 683, 686 (1976).

The plaintiffs properly cite the prerequisites for the imposition of a constructive trust: the existence of a fiduciary or confidential relationship, Cornwell v. Cornwell, 116 N.H. 205, 208, 356 A.2d 683, 685-86 (1976); Kachanian v. Kachanian, 100 N.H. 135, 137, 121 A.2d 566, 568 (1956), and the potential for unjust enrichment if equitable relief is not granted, Lamkin v. Hill, 120 N.H. 547, 551, 419 A.2d 1077, 1079-80 (1980).

Cornwell v. Cornwell, 116 N.H. 205, 208, 356 A.2d 683, 685-86 (1976); see Wheelen v. Robinson, 117 N.H. 1032, 1036, 381 A.2d 742, 745 (1977); Pleakas v. Juris, 107 N.H. 393, 399, 224 A.2d 74, 78-79 (1966).

A confidential relationship exists whenever confidence has been reposed and betrayed, and today the trend is toward liberalizing the term to prevent unjust enrichment.

Patey v. Peaslee, 101 N.H. 26, 29, 131 A.2d 433, 436 (1957); see Cornwell v. Cornwell, 116 N.H. 205, 208-09, 356 A.2d 683, 686 (1976).

*311 On the whole, the evidence does not require “a finding of influence, acquired and abused, or a confidence, reposed and betrayed.” Powley v. Lessard, 117 N.H. 991, 994, 380 A.2d 681, 683 (1977); Cornwell v. Cornwell, 116 N.H. 205, 209, 356 A.2d 683, 686 (1976).

See, e.g., id.; Cornwell v. Cornwell, 116 N.H. 205, 209, 356 A.2d 683, 686 (1976).

Chute v. Chute supra; see Cornwell v. Cornwell, 116 N.H. 205, 210, 356 A.2d 683, 686 (1976).

between parties standing in a confidential or fiduciary relationship to each other.

The evidence, however, did not compel a finding of influence, acquired and abused, or a confidence, reposed and betrayed.