Utah Jury Instruction — 3.3 Breach of Fiduciary DutyFijiJI 3.3 Breach of Fiduciary Duty, is a specific instruction provided to juries in Utah that relates to cases involving a breach of fiduciary duty. This instruction outlines the legal standard to be applied and helps the jury understand the elements required to find a breach of fiduciary duty. A fiduciary duty arises when one person or entity (the fiduciary) is entrusted with the responsibility to act in the best interest of another person or entity (the beneficiary). This instruction guides the jury in evaluating whether the fiduciary has failed to fulfill this duty, resulting in a breach of fiduciary duty. The instruction emphasizes the importance of trust, loyalty, and good faith in the fiduciary relationship. It informs the jury that the fiduciary must use the utmost care, honesty, and good faith in their dealings with the beneficiary, placing the beneficiary's interests above their own. The specific elements included in FUJI 3.3 Breach of Fiduciary Duty may vary depending on the case, but some common elements may include: 1. Existence of a fiduciary duty: This element establishes that a fiduciary duty exists between the parties involved, such as an attorney-client relationship or a trustee-beneficiary relationship. 2. Breach of the fiduciary duty: The jury is instructed to consider whether the fiduciary has breached their duty by failing to act in the beneficiary's best interest or by engaging in conduct that violates the trust and loyalty expected of a fiduciary. 3. Causation: The jury must determine whether the breach of fiduciary duty directly caused harm or damage to the beneficiary. 4. Damages: If a breach of fiduciary duty is proven, the jury is instructed to consider the appropriate compensation or remedies for the beneficiary's losses or damages caused by the breach. It is important to note that while FUJI 3.3 Breach of Fiduciary Duty is a general instruction, it can be tailored to the specific facts and circumstances of each case, allowing for the inclusion of additional elements or considerations relevant to that particular case. Overall, FUJI 3.3 Breach of Fiduciary Duty serves as a crucial tool in guiding the jury's decision-making process, ensuring a fair evaluation of the facts and legal standards surrounding a breach of fiduciary duty claim.