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Breach of Fiduciary Duty ExamplesSharing an employer's trade secrets;Failing to follow the employer's directions;Improperly using or failing to account for employer funds;Acting on behalf of a competitor;Failing to exercise care in carrying out duties; and.Profiting at the employer's expense.
Breach of Fiduciary Duty Penalties The civil penalties include fines restitution, and courts can order relief that restore the beneficiaries to where they would have been. Beneficiaries can demand repayment of missing funds, restore mismanaged assets, and resignation from the Trustee's role.
4 Elements of a Breach of Fiduciary Duty ClaimThe defendant was acting as a fiduciary of the plaintiff;The defendant breached a fiduciary duty to the plaintiff;The plaintiff suffered damages as a result of the breach; and.The defendant's breach of fiduciary duty caused the plaintiff's damages.
Of course, in construction cases involving professional services, an act such as breach of fiduciary duty also may constitute both a breach of contract and a tort.
Three Potential Consequences of Breach of Fiduciary DutyCompensatory Damages. If an alleged breach of fiduciary duties leads to litigation then one of the most common outcomes is for the victim to receive compensatory damages.Punitive Damages.Professional Consequences.