Skip to content

Breach of Fiduciary Duty as a Cause of Action in Texas

Breach of fiduciary duty as a cause of action in Texas is based on a relationship of trust. It applies when one person or entity is in a position where the law expects loyalty, honesty, and fair dealing toward another. This cause of action is not simply about carelessness or a broken promise. It is about using a position of trust in a way that places self-interest above the interests of the person who was entitled to loyalty. Texas courts analyze breach of fiduciary duty as a cause of action in Texas through three basic elements: a fiduciary relationship, a breach of the duty created by that relationship, and injury to the plaintiff or benefit to the defendant.

A Fiduciary Relationship Existed Between the Plaintiff and the Defendant

The first element asks whether a fiduciary relationship existed between the parties. This is the starting point because without a fiduciary relationship, there is no fiduciary duty to breach. A fiduciary relationship exists when one party is expected to act with a high degree of loyalty and care for the benefit of another, rather than using the relationship for personal advantage.

Some fiduciary relationships are well recognized by law. Trustees owe duties to beneficiaries, attorneys owe duties to clients, and certain business partners may owe duties to each other. In other settings, the issue is less clear and depends on the facts. A close business relationship or a long history of trust may be argued as evidence, but not every relationship involving confidence becomes fiduciary in the legal sense. In Breach of Fiduciary Duty as a Cause of Action in Texas, the plaintiff must show that the relationship carried obligations beyond ordinary business dealing and self-interest.

The Defendant Breached Its Fiduciary Duty

The second element asks whether the defendant breached the fiduciary duty. Once a fiduciary relationship is established, the next question is whether the defendant failed to act with the loyalty, honesty, and fairness that the relationship required. This element focuses on conduct that misuses the trust built into the relationship.

A breach may take many forms. It may involve self-dealing, misuse of funds or property, withholding important information, taking an opportunity that belonged to the plaintiff, acting in secret where openness was required, or placing personal interests ahead of the other party’s interests. What matters is that the defendant used a position of trust in a way that was disloyal or unfair. In breach of fiduciary duty as a cause of action in Texas, this is what separates fiduciary wrongdoing from ordinary negligence or breach of contract.

The Breach Resulted in Injury to the Plaintiff or Benefit to the Defendant

The third element requires a result flowing from the breach. Texas law states this element in the alternative, meaning the plaintiff may show either injury to the plaintiff or benefit to the defendant. That wording is important because fiduciary misconduct may be harmful even when the clearest feature is the defendant’s gain rather than the plaintiff’s immediate measurable loss.

Injury may include financial loss, lost opportunities, reduced value, or other harm tied to the defendant’s disloyal conduct. Benefit to the defendant may include money, property, control, profits, or another advantage obtained through misuse of the fiduciary relationship. The plaintiff must show a real connection between the breach and the injury or gain. In breach of fiduciary duty as a cause of action in Texas, this element ensures that the cause of action focuses on actual consequences rather than abstract wrongdoing.

Conclusion

Breach of fiduciary duty as a cause of action in Texas rests on three connected elements: a fiduciary relationship, a breach of the duty created by that relationship, and injury to the plaintiff or benefit to the defendant. The first element identifies the special relationship of trust. The second asks whether the defendant acted disloyally or unfairly within that relationship. The third asks whether that misconduct caused harm or produced a personal gain.

This cause of action is especially important because the law expects more from people who hold positions of trust. It is not enough for them to avoid obvious dishonesty. They must act in a way that honors the relationship itself. When that trust is abused, breach of fiduciary duty as a cause of action in Texas provides a focused legal framework for addressing the misconduct and its consequences.

Find the Law

“The elements of a claim for breach of fiduciary duty are (1) a fiduciary relationship existed between the plaintiff and the defendant, (2) the defendant breached its fiduciary duty, and (3) the breach resulted in injury to the plaintiff or benefit to the defendant.” Chan v. Sharpe, No. 02-14-00286-CV, at *4 (Tex. App. Aug. 26, 2015)