Arizona Jury Instruction - 3.3 Breach of Fiduciary Duty
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FAQ
Evidentiary Standard For a jury to award punitive damages, the party seeking the damages must prove by clear and convincing evidence that the wrongdoer possessed an evil mind while they engaged in outrageous and aggravated conduct.
To establish a breach of fiduciary duty claim, the plaintiff must prove: (1) the defendant owed the plaintiff a fiduciary duty; (2) the defendant breached the fiduciary duty; (3) the defendant's breach was a cause of the plaintiff's damages; and (4) the plaintiff's damages.
418, the California Supreme Court articulated 'three guideposts' for courts reviewing punitive damages: ?(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the ...
You must ask the court for punitive damages, although you may not specify an amount. There is no set formula for determining the amount of punitive damages in California. Punitive damages serve to deter future misconduct and punish the defendant. ?Punitive damages? also goes by the name ?exemplary damages?.
A breach of fiduciary duty occurs when the fiduciary acts in his or her own self-interest rather than in the best interests of those to whom they owe the duty.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
In considering the amount of any punitive damages, consider the degree of reprehensibility of the defendant's conduct [, including whether the conduct that harmed the plaintiff was particularly reprehensible because it also caused actual harm or posed a substantial risk of harm to people who are not parties to this ...