4102. Duty of Undivided Loyalty Essential Factual Elements

4102. Duty of Undivided Loyalty--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she/it] was harmed by [name of defendant]]'s breach of the fiduciary duty of loyalty. [A/An] [agent/stockbroker/real estate agent/real estate broker/corporate officer/partner/[insert other fiduciary relationship]] owes [his/her/its] [principal/client/corporation/partner/[insert other fiduciary relationship]] undivided loyalty. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] was [name of plaintiff]'s [agent/stockbroker/real estate agent/real estate broker/corporate officer/partner/[insert other fiduciary relationship]]; That [name of defendant] [insert one of the following:] [knowingly acted against [name of plaintiff]'s interests in connection with [insert description of transaction, e.g., "purchasing a residential property"];] [acted on behalf of a party whose interests were adverse to [name of plaintiff] in connection with [insert description of transaction, e.g., "purchasing a residential property"];] 3. 4. 5. That [name of plaintiff] did not give informed consent to [name of defendant]'s conduct; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing 2. 4102. Duty of Undivided Loyalty--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [name of plaintiff]'s harm. ________________________________________________________________________________ New June 2006; Revised June 2010