Illinois Jury Instruction - 3.3 Breach of Fiduciary Duty
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FAQ
Breach of fiduciary duty cases is very fact-intensive. To gather the evidence that you need to win your case, you should hire an experienced business attorney immediately.
Illinois Pattern Jury Instruction (I.P.I.) 30.04. 02 defines loss of a normal life, as ?When I use the expression ?loss of a normal life,? I mean the temporary or permanent diminished ability to enjoy life. This includes a person's inability to pursue the pleasurable aspects of life.?
Punitive damages are recoverable in breach of fiduciary duty cases. Cleveland v Johnson (2012) 209 CA4th 1315. Punitive damages are recoverable in a breach of fiduciary duty case when the plaintiff is able to prove by clear and convincing evidence that the breach was oppressive, fraudulent, or malicious.
To prevail on a claim for breach of fiduciary duty under Illinois law, a plaintiff must prove that: (1) a fiduciary duty existed; (2) the defendant breached that duty; and (3) the breach proximately caused the plaintiff's injury.
Undue Influence Influence is ?undue? when it ?prevents the testator from exercising his own will in the disposition of his estate? such that the testator's will is rendered more the will of another. Id., 69 Ill. Dec. at 963.
The fiduciary will typically be removed from his role of trust. If financial loss occurred because of the fiduciary's breach of duty, it is possible that the fiduciary will be held accountable for those losses and money will be awarded to those who were damaged which the fiduciary would have to pay.
¶ 32 The statute of limitations for a breach of fiduciary duty claim is five years.