Chapter 8: Breach of Fiduciary Duty
A. Definition
B. Elements
1. The defendant was acting as a fiduciary of the plaintiff
2. The defendant breached the fiduciary duty
3. The plaintiff suffered damages
4. The defendant’s breach of fiduciary duty was a cause of the plaintiff’s damages
C. Elements Defined
D. Defenses
Comparative Negligence
Designation of Nonparty at Fault
Failure to File Certificate of Review
Pro Rata Liability
Statute of Limitations
E. Remedies
F. Forms
Complaint for Breach of Fiduciary Duty
