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Legal Memorandum: Punitive Damages for a Fiduciary Duty Breach

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

Area of Law: Business Organizations & Contracts, Estate Planning & Probate, Litigation & Procedure
Keywords: Punitive damages; Fiduciary duty; 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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