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Why does it matter if someone has a fiduciary duty, and how does it impact both everyday people and businesses? Today, we’ll take a look at this important legal concept to demystify the concept of fiduciaries and the responsibilities they bear.
Breach of fiduciary duty is a cause of action or claim in civil litigation (lawsuits) that provides the legal basis for a person or entity to recover its damages/losses when there is a special relationship based on trust and confidence (attorney and client or trustee and beneficiaries) and the party who owes the fiduciary duty breaches its duty of loyalty (conflict of interest) or duty of care (informed judgment in decision-making).
In California, a breach of fiduciary duty occurs when an individual or entity, who is obligated to act in the best interest of another party, fails to do so. This breach can arise in various relationships, such as between an attorney and client or a trustee and beneficiaries. The fiduciary has a duty of loyalty, which means they must avoid conflicts of interest, and a duty of care, which requires them to make informed and prudent decisions. When a fiduciary breaches these duties, the affected party may file a civil lawsuit to recover damages for losses incurred. California law recognizes the importance of these fiduciary relationships and provides a legal framework for holding fiduciaries accountable when they fail to uphold their responsibilities. The specific statutes and case law governing fiduciary duties in California can be complex, and the remedies for breach can include financial compensation, equitable relief, or punitive damages, depending on the circumstances of the breach.