West Virginia Jury Instruction - 3.3 Breach of Fiduciary Duty
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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.
Some examples of fiduciary breaches include: Fraud, theft, or conversion. Conflict of interest. Self-dealing (e.g. assigning estate property to oneself)
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. Coopers & Lybrand, LLP, 110 Wn.
Elements of a Breach of Fiduciary Duty Claim A plaintiff must be prepared to show that: A fiduciary relationship existed where the fiduciary owed a duty to the principal. The fiduciary acted in a manner that contradicted, or breached, their expected duties. The principal suffered damages.
Winning a Breach of Fiduciary Duty Complaint The plaintiff must prove that the defendant failed their duty by withholding pertinent information, by misappropriating funds, abusing their position of influence, failing in their responsibilities or misrepresenting the statement of fact.
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.