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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 Montana, 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 special trust relationship, fails to do so. This breach can involve a conflict of interest or a failure to make informed decisions, which are core components of the duty of loyalty and duty of care, respectively. Fiduciary relationships are often found between attorneys and clients, trustees and beneficiaries, corporate directors and shareholders, and other similar relationships. When a fiduciary breaches their duty, the affected party may file a civil lawsuit to recover damages resulting from the breach. Montana state statutes and case law govern the specifics of fiduciary duty and the remedies available for its breach. The elements that must be proven in court typically include the existence of a fiduciary relationship, the breach of the duty owed, and damages incurred as a result of the breach.

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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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Montana State Code

Montana State Code

Civil litigation

breach of fiduciary duty

Articles