Basics of Breach of Fiduciary Duty & Negligence Law

 

Corporate officers, directors, members, and employees owe a duty of care to the corporation.  Breach of duty is part of a negligence lawsuit.   In a negligence lawsuit there are four elements to consider: duty, breach of duty, causation and damages. For breach of duty, it must be decided whether or not the defendant, the one being accused of negligence, behaved in a way that a reasonable person would have under similar circumstances given their position with the company and level of responsibility. If no duty is owed then there is no negligence lawsuit.