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To win a breach of fiduciary duty complaint the plaintiff must prove that the fiduciary (defendant) had duties such as acting good faith, being transparent with pertinent information, and being loyal to the plaintiff.
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 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.
Examples of breaches can include stealing clients away from an employer, misappropriating funds, or working with or for the competition.
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.
A trustee violates their fiduciary duties if they: Swindle estate funds (self-dealing) Combine estate and personal funds. Refuse to distribute assets to beneficiaries.
Exposing the partnership to liability through negligence or malfeasance; Damaging the goodwill of the company through illegal or wrongful behavior; Concealing important information from partners; Failing to disclose conflicts of interest; or.
These include: Fraud that is committed by a trustee or an executor. Embezzlement that is carried out by an administrator or executor. Negligent or intentional oversight or investment of assets that were held in a trust or by an estate.