Breach Fiduciary Responsibility

A fiduciary relationship occurs whenever there is a relationship between two people and/or entities that causes one to be dependent on the other's honesty and integrity. The fiduciary has the responsibility of acting in the best interests of the other party. For instance, a fiduciary relationship exists between a corporation's board of directors and its shareholders, between an attorney and his or her client, or between a trustee and a beneficiary. When there has been a breach of fiduciary responsibility, however, the person or entity in the position of trust may be held liable in a court of law for damages resulting from the breach. In this case, the person who is alleging the breach of fiduciary duty must prove to the court that a fiduciary duty existed between the parties, that the duty was breached, and that he or she suffered actual damages as a result of the breach.

Fast Facts

  • In 2008, national investment brokerage firms were the most common defendants in securities class action lawsuits.

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