Frequently Asked Questions
What are the elements of a breach of fiduciary duty?
The elements of a breach of fiduciary duty typically include the existence of a fiduciary relationship, the breach of that relationship, and resulting damages. A fiduciary relationship arises when one party places trust and confidence in another, who is then obligated to act in the best interests of the trusting party. The breach occurs when the fiduciary fails to fulfill their duties, such as by engaging in self-dealing, misappropriation of funds, or failing to disclose conflicts of interest. Damages may include financial losses, loss of opportunity, or other harm suffered by the trusting party.
What are the potential consequences of a breach of fiduciary duty?
A breach of fiduciary duty can have serious legal consequences. The injured party may seek various remedies, such as monetary damages, equitable relief, or even the imposition of a constructive trust. Additionally, the fiduciary may face professional disciplinary actions, including the potential loss of their professional license or certification. In some cases, criminal charges may also be pursued if the breach involves fraudulent or criminal conduct.
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