FRAUD I BREACH OF FIDUCIARY DUTY – What Fiduciary Duties are Owed? A Fiduciary owes the Duty of Confidentiality. What happens if a Fiduciary Breaches their Duty of Confidentiality?
January 22, 2020
A Fiduciary owes a Duty of Confidentiality
A fiduciary is an individual or corporation to whom property or power is entrusted for the benefit of a principal. A fiduciary is in a confidential relationship with a principal and duties of trust are owed to the principal. While not explicitly expressed, it is understood that a principal can reasonable rely and trust a fiduciary, because the fiduciary owes a Duty of Confidentiality.
What Is a Duty of Confidentiality?
“The law of confidential relationships governs duties of trust that one is not obligated to assume. Once a person commits himself to a confidential relationship, the law requires him to fulfill the duties attendant to the relationship. Confidential relations protect the trust that is implicit in relationships …” (Balboa Ins. Co. v. Trans Global Equities, (1990) 218 Cal.App.3d 1327, 1350-1351). If a fiduciary fails to preserve the confidentiality of the relationship or otherwise acts in a manner that breaches the principles trust, then they are liable for breach of the Duty of Confidentiality.
What happens if Defendant breaches the Duty of Confidentiality? A Plaintiff can bring a cause of action for Breach of Confidentiality.
In order to prevail in an action for Breach of Confidentiality, a plaintiff must establish the following:
Related Articles and Publications
Articles discussing Fiduciary Duties exclusively are listed below:
Causes of Action for Fraud and Breach of Fiduciary Duty in California: For other articles discussing the various causes of action for Fraud in California, links are included below:
For Fraud and Breach of Fiduciary Verdicts in California: Our articles discussing Fraud verdicts in California are included below:
Fraud Damages: Our articles discussing Fraud damages in California are included below:
Recovery from the Victims Of Corporate Fraud Compensation Fund of California: For articles discussing damages:
If you have fallen victim to fraud or have questions or fiduciary duties we encourage you to contact our offices at 619-432-5145 for a free consultation with one of our fraud attorneys and breach of fiduciary duty lawyers.