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The four elements are: The defendant was acting as a fiduciary of the plaintiff; The defendant breached a fiduciary duty to the plaintiff; The plaintiff suffered damages as a result of the breach; and. The defendant's breach of fiduciary duty caused the plaintiff's damages.
Exposing the partnership to liability through negligence or malfeasance; Damaging the goodwill of the company through illegal or wrongful behavior; Concealing important information from partners; Failing to disclose conflicts of interest; or.
Statute of Limitations for Breach of Fiduciary Duty in Georgia. In Georgia, there is no specific statute of limitations for breach of fiduciary duty claims.
Trustees and executors can breach their fiduciary duty through fraud, conflicts of interest, self-dealing, or failure to disclose relevant facts related to the administration of a trust or probate estate.
A breach of fiduciary duty occurs when the fiduciary acts in his or her own self-interest rather than in the best interests of those to whom they owe the duty.
Improperly favoring one beneficiary over another. Colluding with some beneficiaries to deprive others of their estate assets. Poor judgment (e.g. making incompetent investment decisions using estate assets) Stealing or misusing property that belongs to estate heirs.
Examples include negligence, insider trading and abuse of power in the fiduciary role.
Effectively, harming a partner or client or neglecting to take care of them could be considered a breach of fiduciary duty in Georgia. If someone violates their duty to you, or if you are accused of a breach, contact a knowledgeable attorney at Sparks Law for legal guidance and representation.