Georgia Jury Instruction — 3.3 Breach of Fiduciary Duty is a set of instructions given to a jury in a civil case that involves a claim of breach of fiduciary duty. This instruction is provided to guide the jury's understanding of what constitutes a breach of fiduciary duty and the legal elements that must be proven to establish such a breach. The purpose of a fiduciary duty is to ensure that someone entrusted with another person's interests acts solely in the best interest of the person who entrusted them. It establishes a legal duty of loyalty, good faith, and honesty towards the person for whom the duty is owed. When this duty is breached, legal action can be taken to seek damages or other appropriate remedies. In Georgia, there may be different types of Georgia Jury Instruction — 3.3 Breach of Fiduciary Duty, which may vary based on the specific circumstances and nature of the fiduciary relationship. Some common types could include: 1. Breach of Fiduciary Duty by an Agent: This pertains to situations where an agent, such as a real estate agent, financial advisor, or attorney, fails to act in the best interest of their client and breaches their fiduciary obligations. 2. Breach of Fiduciary Duty by a Trustee: This involves cases where a trustee, who manages property or assets on behalf of a beneficiary, violates their fiduciary duties by mismanaging the trust, self-dealing, or failing to provide necessary information. 3. Breach of Fiduciary Duty by a Director or Officer: This type of breach occurs when a director or officer of a company fails to act in the best interest of the corporation or its shareholders, leading to harm or loss. 4. Breach of Fiduciary Duty by a Partner: In partnership agreements, partners owe fiduciary duties to one another. A breach can occur when a partner acts against the best interests of the partnership or engages in self-dealing. To establish a breach of fiduciary duty, certain elements need to be proven by the party bringing the claim. These elements may include demonstrating the existence of a fiduciary relationship, showing the specific duties owed by the fiduciary, identifying the breach of those duties, and establishing that the breach resulted in harm or damages to the plaintiff. It's important to note that Georgia Jury Instruction — 3.3 Breach of Fiduciary Duty is only one part of the overall legal framework in Georgia. The specific instructions given to a jury may vary depending on the facts and circumstances of each case. Legal professionals should consult the most recent and relevant jury instructions and case law to ensure accurate and up-to-date information is provided to the jury.