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Civil litigation

breach of fiduciary duty

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 Georgia, a breach of fiduciary duty occurs when an individual or entity, who is obligated to act in the best interest of another due to a special trust relationship, fails to do so. This breach can be due to a conflict of interest (duty of loyalty) or a failure to make informed decisions (duty of care). Common relationships involving fiduciary duties include those between attorneys and clients or trustees and beneficiaries. When a fiduciary duty is breached, the injured party may file a civil lawsuit to recover damages. Georgia law requires the plaintiff to prove that a fiduciary relationship existed, the fiduciary breached their duty, and the breach resulted in damages to the plaintiff. The specific statutes and case law governing fiduciary duties in Georgia will define the standards of conduct expected of fiduciaries and the remedies available to those harmed by breaches of these duties.

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Articles

Fiduciaries and Their Duties: Upholding Trust in Transactions

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.

Civil litigation

breach of fiduciary duty

Individual & Family Legal Plan

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Georgia State Code

Georgia State Code

Civil litigation

breach of fiduciary duty

Articles