tort law · claim
Breach of fiduciary duty occurs when a fiduciary intentionally or negligently fails to act in the best interests of the party to whom they owe the duty. This can involve a range of relationships, including those between trustors and trustees, corporate directors and shareholders, or attorneys and clients.
A fiduciary duty must be established between the parties involved.
What to prove: The plaintiff must demonstrate that a fiduciary relationship existed, characterized by trust and reliance.
The fiduciary must have breached their duty to the beneficiary.
What to prove: The plaintiff must show that the fiduciary acted in a manner that was contrary to the interests of the party owed the fiduciary duty.
There must be a direct link between the breach and the resulting harm.
What to prove: The plaintiff must prove that the fiduciary’s breach caused actual harm or damages.
The plaintiff must have suffered damages as a result of the breach.
What to prove: The plaintiff must quantify the losses incurred due to the breach of duty.
The plaintiff bears the burden of proof by a preponderance of the evidence standard.
Expect hypothetical scenarios involving fiduciary relationships, and be prepared to identify breaches and resultant damages. Analyzing the relationships and duties will be crucial.