What are the elements of a breach of fiduciary duty claim in civil litigation?

In civil litigation, a breach of fiduciary duty claim is a legal claim made when someone has violated a fiduciary duty owed. A fiduciary duty is a special type of trust and confidence that must be followed. In Tennessee, the elements of a breach of fiduciary duty claim in civil litigation include: 1. Existence of a fiduciary duty: This means that a special trust and confidence must exist between the parties in order for a breach of fiduciary duty to occur. 2. Breach of fiduciary duty: This means that one party has violated that special trust and confidence by failing to meet the standards of care, loyalty, and good faith that is required of them. 3. Damages: This means that the breach has caused damages to the other party. The damages must be both foreseeable and actual. 4. Causation: This means that there must be a causal link between the breach of fiduciary duty and the damages that were experienced. Thus, in order to prove a breach of fiduciary duty claim in civil litigation in Tennessee, a plaintiff must show all of the above elements. It is important to remember that each case is unique and that it is important to consult with an experienced attorney if you believe your fiduciary duty has been breached.

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