Abstract
One reason that plaintiffs desire to prove a breach of fiduciary obligation is that remedies following such a breach are more extensive than the remedies following a breach of contract or a tort. One of the most important of these remedies following a breach of fiduciary duty is the constructive trust. But the courts have been aware of this and so have been cautious about finding a breach of fiduciary duty. This paper will explain how the courts find a breach of a fiduciary duty and, particularly, their approach to imposing the constructive trust to remedy this breach.
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