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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 Missouri, a breach of fiduciary duty occurs when an individual or entity, who is obligated to act in the best interest of another party due to a relationship of trust and confidence, fails to do so. This breach can arise from a conflict of interest or from a failure to make informed decisions in the interest of the party to whom the duty is owed. Common relationships involving fiduciary duties include those between attorneys and clients, trustees and beneficiaries, corporate directors and shareholders, and partners in a partnership. To establish a breach of fiduciary duty in Missouri, the plaintiff must demonstrate the existence of a fiduciary relationship, the breach of duties owed under that relationship, and damages resulting from the breach. If a breach is proven, the responsible party may be liable for the losses incurred by the party to whom the duty was owed. Remedies can include monetary damages, equitable relief such as restitution, and sometimes punitive damages if the breach involved fraud or malice.

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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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Missouri State Code

Missouri State Code

Civil litigation

breach of fiduciary duty

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