Where the parties are not on an equality, as where there are relations of trust and confidence,1 or where trust and confidence are actually reposed, although no technical relations of trust and confidence exist,2 or where one party while compos mentis is mentally deficient,3 or understands English imperfectly,4 the person reposing trust and confidence has a right to rely upon the positive statements of the other without further investigation. This, however, is a doctrine of constructive fraud,5 and might be invoked in cases where no actual fraud could be shown to exist.