Love in the time of fiduciary duty

An unfortunate domestic situation led to the issue presented in Markl v. Leake – whether a married couple could “use fiduciary law to recoup money [the husband] spent on making repairs to the property of a woman with whom he had a ten-year clandestine relationship.” The Fifth Court reviewed precedent and an academic commentary that observed: “Relationships, not individuals, are the prime concern of fiduciary law,” which focuses on “the degree of dependence and vulnerability that exists within” a particular relationship, as well as “the value of the interaction to the society at large.” From that foundation, the Court concluded: “Whether [the] relationship contained aspects similar to a marriage is unavailing because, in this case, [the husband] was married – to [the wife and co-plaintiff]. Recognizing [the] relationship as fiduciary in character, under the circumstances here, would make light of the very notion of the concepts of trust and confidence.” No. 05-17-00174-CV (May 14, 2018) (mem. op.)