174. Fiduciary relationships.

A fiduciary relationship is deemed to exist in dealings between the following persons:

  1.  

    (1)     solicitor and client;

  2.  

    (2)     trustee and beneficiary;

  3.  

    (3)     parent and child (where the influence of the parent over the child may be held to have endured beyond the child's majority);

  4.  

    (4)     doctor and patient;

  5.  

    (5)     religious advisor and disciple;

  6.  

    (6)     teacher and pupil;

  7.  

    (7)     fiancés (but not between husband and wife)1.

A fiduciary relationship may exist in circumstances other than those listed above, but is not presumed to exist, and the dominance of one party over the other would have to be proved before the court