is the fiduciary relation which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act.”) (internal citations omitted); City of Grantsville v. Redevelopment Agency of Tooele City, 233 P.3d 461, 473 (Utah 2010) ("The manifestation of consent to form an agency relationship can be established by contract or implied by the factual circumstances.”). 36 . 2009 WL 3248120 (D.Utah Oct. 7, 2009). 37 . Id. at *3. 38 . Interwest Constr. v. Palmer, 886 P.2d 92, 101 (Utah Ct.App.1994), aff'd, 923 P.2d 1350 (Utah 1996) (citing Beck v. Farmers Ins. Exch., 701 P.2d 795, 799-800 (Utah 1985)); see also N.Y. Univ. v. Cont'l Ins. Co., 87 N.Y.2d 308, 639 N.Y.S.2d 283, 662 N.E.2d 763 (1995) (<HOLDING>). 39 . 2012 WL 2368214 (D.Utah June 21, 2012).
recognizing that the duty arises not from the terms of the insurance contract but from an obligation imposed in law as a result of the special relationship holding that although defendant president of defendant leasing company did not sign lease in his individual capacity and could have an independent wellrecognized obligation imposed by tort law to refrain from intentional interference with a prospective business advantage economicloss rule barred tenants tort claim because source of defendants duty not to interfere with assignment of lease was parties lease agreement and thus it was improper to analyze the existence of an independent tort duty in determining whether an economic loss may be recovered holding tort of negligence must be based upon duty other that one imposed by contract holding that defendant may be liable in tort when it has breached a duty of reasonable care distinct from its contractual obligations because a tort obligation is a duty imposed by law  apart from and independent of promises made and therefore apart from the manifested intention of the parties to a contract holding that under georgia law the duty of good faith cannot be breached apart from an express contractual term