California Jury Instruction - 3.3 Breach of Fiduciary Duty
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The standard for proving a breach of fiduciary duty varies from jurisdiction to jurisdiction. Typically, a claim for breach of fiduciary duty includes four elements: 1) the existence of a fiduciary duty; 2) a breach of that duty (through an act or omission); 3) damages; and 4) causation.
The most common damages for breach of fiduciary duty include the payment of money damages, attorney fees, and court costs. Punitive damages are recoverable in breach of fiduciary duty cases when the fiduciary act with malice, oppression, or fraud.
Breach of Fiduciary Duty Consequences Under California law, a plaintiff can ask for compensatory damages for all the ways a breach impacted their business or livelihood. Punitive damages are also possible. They are used to punish a defendant and send the message that such practices will not be tolerated.
Elements of a Breach of Fiduciary Duty Claim A fiduciary relationship existed where the fiduciary owed a duty to the principal. The fiduciary acted in a manner that contradicted, or breached, their expected duties. The principal suffered damages. The damages incurred were a direct result of the breach of fiduciary duty.
Civil Lawsuits and Criminal Charges In these cases, the injured party may file a fiduciary duty claim. They might seek compensation for the harm caused by the breach. In more severe situations, criminal charges could be levied against the offender.
Breach of the Fiduciary Duty The fiduciary must have failed to fulfill their obligations or duties as required by the relationship. This breach can be due to acts of dishonesty, self-dealing, conflicts of interest, negligence, or other violations of the fiduciary duty.
The elements of a cause of action for breach of fiduciary duty are the existence of a fiduciary relationship, its breach, and damage proximately caused by that breach. (Knox v. Dean (2012) 205 Cal.
For a discussion of disgorgement of attorney fees, see the Comment below. Elements. A plaintiff alleging a breach of a fiduciary duty ?must prove (1) existence of a duty owed, (2) breach of that duty, (3) resulting injury, and (4) that the claimed breach proximately caused the injury.? Micro Enhancement Int'l, Inc. v.