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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 North Dakota, 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 can involve situations where an attorney does not act in the best interest of a client, or a trustee does not properly manage the assets for the beneficiaries. The fiduciary duties include the duty of loyalty, which requires the fiduciary to act without any conflict of interest, and the duty of care, which requires the fiduciary to make decisions with informed judgment. When these duties are breached, the affected party may file a civil lawsuit to recover damages. North Dakota state statutes and case law govern the specifics of fiduciary duty and the remedies available for its breach. The outcome of such cases often depends on the nature of the fiduciary relationship, the actions of the fiduciary, and the harm caused to the plaintiff.

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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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North-Dakota State Code

North-Dakota State Code

Civil litigation

breach of fiduciary duty

Articles