Breach: 12. Breach of Fiduciary Duty Aiding And Abetting

The elements of a claim for aiding and abetting a breach of fiduciary duty are:

1. a third party’s breach of fiduciary duties owed to plaintiff;
2. defendant’s actual knowledge of that breach of fiduciary duties;
3. substantial assistance or encouragement by defendant to the third party’s breach; and
4. defendant’s conduct was a substantial factor in causing harm to plaintiff.

Some cases suggest a complaint must allege a fifth element—that the aider and abettor had the specific intent to facilitate the wrongful conduct.

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