Breach of Fiduciary Duty
A fiduciary duty is an obligation to act in a person’s best interest, due to the nature of the relationship with said person. There are relationships wherein one party places their trust and confidence in another – thus meaning that the second party has a fiduciary duty to protect and uphold that trust.
If a fiduciary behaves in a manner that contradicts their duty, they may be in breach of fiduciary duty. It is also easier to prove a breach of fiduciary duty as there is no need to prove criminal or fraudulent intent.
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