Elements of breach of fiduciary duty (BoFD)

The elements of a breach of fiduciary duty claim are: (1) a fiduciary relationship must exist between the plaintiff and defendant; (2) the defendant must have breached this duty; and (3) the breach must result in injury to the plaintiff or benefit to the defendant. Jones v. Blume, 196 S.W.3d 440, 447 (Tex. App.—Dallas 2006, pet. denied). SOURCE: Hill v. Hoelke (Tex. App.- Houston [1st Dist.] Mar. 12, 2009)(Taft) (investment dispute, breach of fiduciary duty, breach of contract, fraud, and promissory estoppel)