Breach of Fiduciary Duty
A fiduciary relationship exists where a person is under a duty to act, or give advice, for the benefit of another person. A fiduciary relationship occurs where there is a relationship of trust and confidence between the parties. That is to say, where one party places its confidence in the other party and the other party accepts that trust.
A fiduciary relationship may be express, created by contract or statute, or implied based on the facts of the circumstances of the situation. Generally, a fiduciary relationship will arise where one party is dependent on the other party which in turn undertakes to protect and/or benefit the dependent party.
Lawyer for Breach of Contract Disputes in Tampa, FL
If someone has breached their fiduciary duty to you or has sued you for allegedly breaching your fiduciary duty to them, the Germain Law Group can assist you in evaluating your legal options.
Germain Law Group, P.A. diligently represents individuals in civil litigation matters, including contractual disputes, workers’ compensation, fraudulent inducement, and unjust enrichment matters.
Michael Germain is an experienced attorney who represents clients throughout Hillsborough County, Pinellas County, Pasco County, Polk County, and Hernando County. Have your case reviewed during a free initial consultation when you call (813) 835-8888 or fill out an online contact form today.
Common Breach of Fiduciary Duty Questions
- What duties does a fiduciary owe?
- What do you need to prove to recover for breach of fiduciary duty?
- What are some situations where a fiduciary duty arises?
Duties Owed by a Fiduciary
A fiduciary owes to its beneficiary the duty to refrain from self-dealing, the duty of loyalty, the overall duty to not take unfair advantage, to act in the best interest of the other party, and the duty to disclose material facts.
Proving Breach of Fiduciary Duty
To recover for breach of fiduciary duty, you must prove that:
- A fiduciary relationship exists so as to create a fiduciary duty;
- The other party breached its fiduciary duty; and,
- You were damaged as a result of the breach.
Circumstances Where a Fiduciary Duty Arises
Some circumstances where a fiduciary relationship have been found include but are not limited to:
- Principal/agent
- Trustee/beneficiary
- Guardian/ward
- Attorney/client
- Bank/lender and its customers under special circumstances
The Germain Law Group – Breach of Fiduciary Lawyer in Tampa, Florida
If someone has breached their fiduciary duty to you or has sued you for allegedly breaching your fiduciary duty to them, the Germain Law Group can assist you in evaluating your legal options.
Michael Germain is an experienced breach of fiduciary attorney who represents clients throughout Hillsborough County, Pinellas County, Pasco County, Polk County, and Hernando County. Have your case reviewed during a free initial consultation when you call (813) 835-8888 or fill out an online contact form today.