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Legal Memorandum: Punitive Damages for a Breach of Fiduciary Duty

Issue: If a fiduciary relationship exists in the absence of a written agreement, are punitive damages available for a breach of fiduciary duty in Arizona?

Area of Law: Business Organizations & Contracts, Litigation & Procedure
Keywords: Punitive damages; Breach of fiduciary duty; Absence of a written agreement
Jurisdiction: Arizona
Cited Cases: 701 P.2d 1205; 841 P.2d 215
Cited Statutes: None
Date: 06/01/2010

Jerman v. O’Leary, 701 P.2d 1205 (Ariz. Ct. App. 1985) (“Punitive damages can be awarded for a breach of fiduciary duty in a proper case.”).

Rhue v. Dawson, 841 P.2d 215 (Ariz. Ct. App. 1992) (“In addition, under Arizona law, punitive damages are properly awarded for breach of fiduciary duty where the defendant’s conduct reaches the requisite level of culpability.”).

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