Chicago Illinois Jury Instruction 3.3 Breach of Fiduciary Duty is a set of guidelines provided to jurors in a civil trial taking place in the state of Illinois, specifically in the city of Chicago. This instruction is aimed at assisting jurors in understanding and evaluating cases where a fiduciary duty has been breached. A fiduciary duty refers to a legal obligation that one party has to act in the best interests of another party or entity. This duty typically arises in various relationships, such as between trustees and beneficiaries, attorneys and clients, corporate officers and shareholders, and partners in a business. The Chicago Illinois Jury Instruction 3.3 Breach of Fiduciary Duty encompasses the following key points: 1. Definition of Fiduciary Duty: This instruction defines what a fiduciary duty is, emphasizing that it creates a high level of trust and a duty of loyalty from the fiduciary to the beneficiary. 2. Elements of Breach: It presents the necessary elements that must be established to prove a breach of fiduciary duty. Essential elements often include: a. Existence of a Fiduciary Relationship: The instruction clarifies the type of relationship required for fiduciary duties to be in place, such as trustee-beneficiary, attorney-client, or partner-partner relationships. b. Breach of Duty: It is explained that the fiduciary must have failed to uphold their obligations, whether through negligence, dishonesty, or a deliberate violation. c. Causation: This element highlights that the breach of fiduciary duty must have directly caused harm or damages to the beneficiary or the party relying on the fiduciary. d. Damages: The instruction specifies that the plaintiff must have suffered measurable harm or financial loss due to the breach. 3. Standard of Care: It describes the level of care and loyalty expected from fiduciaries based on their specific relationship and expertise. The instruction informs jurors that fiduciaries should act with the utmost care, skill, and diligence when making decisions or managing assets for the beneficiary. 4. Defenses and Mitigating Factors: The instruction may also include a discussion of potential defenses or mitigating factors that the defendant can present to challenge the claim of breach. These may include acting in good faith, absence of harm or damages, or actions taken with the beneficiary's consent. It's important to note that while this description covers the general content of the Chicago Illinois Jury Instruction 3.3 Breach of Fiduciary Duty, there might be case-specific variations or additional instructions depending on the circumstances and legal arguments presented during a trial.