Breach of Fiduciary Duty

There's various types of fiduciary duties. They arise in several ways. A fiduciary duty can be created by a contract, by statute, by a course of dealing. And what a fiduciary duty does is it means that if I am a fiduciary to you, I have to put your interest above my interest. I have to make sure that everything that I do for you is of the utmost integrity, is always putting your interest ahead of mine. And so we see fiduciary duties arise in various documents, like a trust document. The trustee is a fiduciary to the beneficiaries. Fiduciary duties arise in business relationships between partners. So when there is a breach of fiduciary duty, there are a number of different remedies for that. First of all, there are damages that are available. Secondly, we can get injunctions to stop the violation of the fiduciary duty. Many times you can recover punitive damages for a breach of fiduciary duty if it was shown to be an intentional breach.