Missouri Jury Instruction - 3.3 Breach of Fiduciary Duty
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FAQ
A claim for breach of fiduciary duty is a claim arising in tort. To make a case for breach of fiduciary duty, a party must prove: The existence of a fiduciary relationship between the parties. Breach of the fiduciary duty.
In Section 874, Restatement(Second) treats breach of fiduciary duty as a tort that subjects a fiduciary to liability to the beneficiary for harm caused by the breach.
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.
General Contract Questions The basic format in the Texas Pattern Jury Charges to submit a breach of contract is to ask, as needed, whether the parties had an agreement and whether one or both of the parties failed to comply with the agreement. See PJC 101.1 and 101.2.
Whether a legal claim is due to negligence or a breach of fiduciary duty can be confusing to the average person. Their elements are similar, but negligence can exist outside of a fiduciary obligation, and mere negligence does not necessarily constitute a breach of fiduciary duty.
(1) "Fiduciary" means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument.