4103. Duty of Confidentiality Essential Factual Elements

4103. Duty of Confidentiality--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 [Name of plaintiff] claims that [he/she/it] was harmed by [name of defendant]'s breach of the fiduciary duty of confidentiality. 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] had information relating to [name of plaintiff] that [he/she/it] knew or should have known was confidential; That [name of defendant] [insert one of the following:] [used [name of plaintiff]'s confidential information for [his/her/its] own benefit;] [communicated [name of plaintiff]'s confidential information to third parties;] 4. 5. 6. 7. That [name of plaintiff] did not give informed consent to [name of defendant]'s conduct; That the confidential information was not a matter of general knowledge; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing 2. 3. 4103. Duty of Confidentiality--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 [name of plaintiff]'s harm. ________________________________________________________________________________ New June 2006