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Fiduciary Duty

Fiduciary Duty

Perhaps, you are conversant with a contract and you believe that this term is a little similar to a contract. Well, a fiduciary obligation is quite different from a contract. It involves an agreement made between two parties where one party agrees to act according to the wishes of the other party who can be termed the principal.

The party who is chosen as the fiduciary owes the legal obligation to the principal, and it is the duty of such party to ensure that no clash of interest emanates between the fiduciary and the principal.

A breach of fiduciary usually happen when a fiduciary acts in a way that doesn’t conform to their obligation. Such breach is often accompanied by severe legal implication. This type of breach is nothing like a breach of contract, it is way more complex and serious. Because it is the duty of the fiduciary to uphold or work in the best interest of the principal, he or she will have to ensure that the property, money, etc., of the principal is well managed and protected.

Examples of Fiduciary Duty

We have several examples of a fiduciary duty and they are quite common. There is the fiduciary obligation of a doctor to his patients, the duty of an employer to his or her employee, and so many others. A fiduciary duty needs a legal force behind it, this it has to be made under the law.

When two individuals enter into a fiduciary agreement, and the fiduciary behaves in a way that is against the interest of the principal, it can be said that the fiduciary duty has been breached. If the fiduciary acts in his interest rather than that of the principal, it can also be said that there is a breach. Thus, it is the duty of the fiduciary to ensure that all he does conforms to the interest of the principal. 

Also, a fiduciary is to ensure that he acts with upmost integrity, and should not in any way derive personal benefit at the expense of the client. 

Types of Fiduciary Relationships

There are several types of fiduciary relationships, and one of them is the common fiduciary relationship that exist between an employer and employee or a lawyer and a client. There also exist other prevalent examples and they are:

  • The fiduciary duty of a lawyer to a client in need of legal assistance
  • The fiduciary duty of a banker to his clients
  • The fiduciary duty of a trust creator to the beneficiary
  • The fiduciary duty of a corporate officer to the shareholder
  • The fiduciary duty of an estate executor to the beneficiaries of an estate

What is a breach of Fiduciary Duty Florida?

Based on Florida Law, a fiduciary duty exists when an individual trust a person to carry out an obligation which could be a certain transaction or something related to his or her affairs; and a breach occur when the fiduciary does something that goes against the interest of the principal.

When a breach of fiduciary occur, a lawsuit can be filed by the principal. Such lawsuit will only go ahead in a court in Florida provided the complainant is able to prove that there was a fiduciary agreement between the two parties where one of the parties chose or accepted to act in the best interest of the other.

Legally, the principal can claim for damages including profit earned by the fiduciary as result of the breach.  A breach of fiduciary is a very serious case, thus, anyone found guilty of such offence doesn’t only have his or her finances in the line, but such a person reputation will also be smeared.

How can a Fiduciary be breached?

  • First off, without a fiduciary agreement between two parties, a fiduciary breach can’t occur. There must be an agreement in place first.
  • If the fiduciary carries out an act that goes against the wishes or the interest of the principal

Also, a breach of Fiduciary can be regarded as any behavior whatsoever that benefits the fiduciary, or action that is done out of the interest of the principal.

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