CACI No. 4103

[Name of plaintiff] claims that [he/she/ nonbinary pronoun/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]];

2. That [name of defendant] had information relating to [name of

plaintiff] that [he/she/ nonbinary pronoun /it] knew or should have

known was confidential;

3. That [name of defendant] [insert one of the following:]

3. [used [name of plaintiff]’s confidential information for [his/her/

nonbinary pronoun /its] own benefit;]

3. [communicated [name of plaintiff]’s confidential information to

third parties;]

4. That [name of plaintiff] did not give informed consent to [name of

defendant]’s conduct;

5. That the confidential information was not a matter of general

knowledge;

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

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

causing [name of plaintiff]’s harm.

New June 2006