In a cause of action for breach of a fiduciary relationship, the fiduciary who commits a breach of his or her duty is liable for the tortious conduct, and the plaintiff is entitled to recover damages for the harm caused by that breach of duty. However, the liability depends on the actual fiduciary relation between the parties. Under Florida law, in an arms-length transaction there is no fiduciary duty imposed on either party to act for the benefit or protection of the other party, or to disclose facts that the other party could have discovered through due diligence. Additionally, business relationships are not generally considered fiduciary relationships. In a fiduciary relationship, the fact of invited confidence necessarily carries with it a degree of frankness and square dealing. Once a fiduciary relationship is established, a fiduciary has a legal duty to disclose all essential or material facts pertinent or material to the transaction in hand. Furthermore, whenever a confidential or fiduciary relationship is established, the burden will fall upon the trusted party to prove that his or her conduct was proper and did not breach the fiduciary relationship. In a lawsuit for breach of fiduciary duty, whether a confidential relationship exists is a determination for the finder of fact to make at trial. In a lawsuit for breach of a fiduciary duty, it is not necessary that the fraud be based on a misrepresentation, concealment, or other artifice employed as a trick. The fraud may consist of taking an improper advantage of the fiduciary relation at the expense of the confiding party.

A cause of action for breach of a fiduciary duty may have many complex issues. Therefore, you should consult with an experienced West Palm Beach business lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.