Fiduciary Duty In Contract Law
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FAQ
A fiduciary duty exists in law when a person or entity places trust, confidence, and reliance on another to exercise discretion or expertise in acting on behalf of the client. The fiduciary must knowingly accept that trust and confidence.
4. Specifically, fiduciary duties may include the duties of care, confidentiality, loyalty, obedience, and accounting.
A fiduciary's obligations include a duty of loyalty, a duty to exercise reasonable care and skill, and a duty to deal impartially with beneficiaries. Id.
To recover against a defendant for a claim of breach of fiduciary duty, you must prove all the following by a preponderance of the evidence:The defendant was acting as a fiduciary of the plaintiff with respect to the subject matter involved;The defendant breached a fiduciary duty owed to the plaintiff;More items...?
Some examples of fiduciary duties include duties of undivided loyalty, due diligence and reasonable care, full disclosure of any conflicts of interest, and confidentiality. While a fiduciary duty may be violated accidentally, it is still a breach of ethics.
