Breach: 10. Breach of Fiduciary Duty

1. Fiduciary relationship exists;
2. Defendant’s breach of fiduciary duty, meaning misconduct, including self-dealing or personal interest conflicts;
3. Defendant’s breach is contrary to interests of Plaintiff; and
4. Defendant’s misconduct directly causes damages to Plaintiff.

“A fiduciary relationship has been defined as ‘any relation existing between parties to a transaction wherein one of the parties is … duty bound to act with the utmost good faith for the benefit of the other party. Such a relation ordinarily arises where a confidence is reposed by one person in the integrity of another, and in such a relation the party in whom the confidence is reposed, if he voluntarily accepts or assumes to accept the confidence, can take no advantage from his acts relating to the interest of the other party without the latter's knowledge or consent.’ …”

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