What is a fiduciary duty?

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A fiduciary duty in litigation terms is a business tort. It is a duty where one reposes trust and confidence in the other. The elements of a breech of fiduciary duty are the following: the existence of a fiduciary duty, the breach of that duty, and damages proximately caused by the person that breached that duty and damages as a result of that breech, which usually are in the form of money damages, however, there could be an action in equity as well.

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