Colorado Jury Instruction - 3.3 Breach of Fiduciary Duty
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FAQ
Punitive damages are recoverable in breach of fiduciary duty cases. Cleveland v Johnson (2012) 209 CA4th 1315. Punitive damages are recoverable in a breach of fiduciary duty case when the plaintiff is able to prove by clear and convincing evidence that the breach was oppressive, fraudulent, or malicious.
Any person who is a fiduciary with respect to a plan who breaches any of the responsibilities, obligations, or duties imposed upon fiduciaries by this subchapter shall be personally liable to make good to such plan any losses to the plan resulting from each such breach, and to restore to such plan any profits of such ...
Consequences for a Breach of Fiduciary Duty Losses resulting from a breach of fiduciary duty can include: financial losses ? investments, bank accounts, trust funds. physical or mental suffering from abuse by a medical professional. ethical breaches by a lawyer, accountant, or other regulated professional.
The fiduciary will typically be removed from his role of trust. If financial loss occurred because of the fiduciary's breach of duty, it is possible that the fiduciary will be held accountable for those losses and money will be awarded to those who were damaged which the fiduciary would have to pay.
The penalties for a breach of fiduciary duty are typically monetary and direct compensation for financial and other losses. There can also be attorney fees, court costs, and other legal expenses.
The penalties for a breach of fiduciary duty are typically monetary and direct compensation for financial and other losses. There can also be attorney fees, court costs, and other legal expenses.
Fiduciaries are responsible for three main duties: the duty of loyalty, the duty of impartiality and the duty of care. If you fail to exercise any of these duties while you are acting under your fiduciary capacity, you will be found to be in breach of your fiduciary duties.