WI · jury_instructions
Wis JI-Civil 2785
Breach of fiduciary duty: damages
Special Verdict Questions Nos. _______ relate to claims of breach of fiduciary duty.
If you answered “Yes” to one or more of Special Verdict Questions Nos. ______, then you
must determine the damages that (plaintiff) is entitled to recover against (defendant)
because of the breach(es) of fiduciary duty.
A person injured by a breach of fiduciary duty is entitled to compensatory damages.
Generally, (defendant) is liable for all injuries resulting directly from the breach of
fiduciary duty. Compensatory damages are designed to place the injured person in a
position substantially equivalent to that which he or she would have been had no breach
occurred.1
[However, in cases where (defendant) has received, by committing the breach, a
benefit that unjustly enriches (him) (her) at the expense of (plaintiff), (defendant) may be
liable to (plaintiff), at (plaintiff)’s election, either for the damage done to (plaintiff)’s
interests or for the value of the benefit (defendant) received through the commission of the
breach.2]
In considering the amount to be inserted by you in the answer to this damages question,
the burden rests upon (plaintiff) to convince you that (plaintiff) sustained damages and the
amount of the damages (plaintiff) should recover as a result of the breach of fiduciary duty.3
History
Wis JI-Civil 2785 (11/2025). Release No. 59. Wisconsin Court System, 11/2025. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
5dcb994ce31ceddefc35ccaaa33b8b30adb2f6d4904aed8adf34b034e8e4fd6d
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