Martinez v. Associates Financial Services Co. of Colorado, Inc
In Martinez v. Associates Financial Services Co. of Colorado, Inc., 891 P.2d 785, 788 (Wyo. 1995), the Court held that the lender/borrower relationship, without more, is fundamentally a creditor/debtor relationship. Id. at 788.
The Court also held, however, that "lenders may incur extra-contractual duties to customers through conduct which creates a special or fiduciary relationship." Id. at 789.
The Court further described this relationship as one "'implied in law due to the factual situation surrounding the involved transactions and the relationship of the parties to each other and to the questioned transactions.'" Id.