Ohio Jury Instruction - 3.3 Breach of Fiduciary Duty
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FAQ
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 State of California takes breaches very seriously. A lawyer's breach of fiduciary duties to a client can lead to severe penalties, including professional sanctions, disbarment, and even criminal charges.
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.
The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
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.
Breach of Fiduciary Duty Requires Damages Fiduciaries can act in their own interest or against the interests of the other party without causing harm. To file and succeed in a claim for a breach of fiduciary duty, you must be able to prove that the breach caused damages, such as financial losses.
Examples include negligence, insider trading and abuse of power in the fiduciary role.
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.