CACI No. 4101

Elements

[Name of plaintiff] claims that [he/she/ nonbinary pronoun/it] was harmed

by [name of defendant]’s breach of the fiduciary duty to use reasonable

care. 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]];

2. That [name of defendant] acted on [name of plaintiff]’s behalf for

purposes of [insert description of transaction, e.g., “purchasing a

residential property”];

3. That [name of defendant] failed to act as a reasonably careful

[agent/stockbroker/real estate agent/real estate broker/corporate

officer/partner/[insert other fiduciary relationship]] would have

acted under the same or similar circumstances;

4. That [name of plaintiff] was harmed; and

5. That [name of defendant]’s conduct was a substantial factor in

causing [name of plaintiff]’s harm.

New June 2006