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451.1 Introduction · 451.2 Summary of Claims or Contentions · 451.3 Greater Weight of the Evidence · 451.4 Existence of Fiduciary Duty Disputed · 451.5 Breach of Elements. A plaintiff alleging a breach of a fiduciary duty “must prove (1) existence of a duty owed, (2) breach of that duty, ( The elements of a cause of action for breach of fiduciary duty are the existence of a fiduciary relationship, its breach, and damage proximately caused by that Question and Instruction—Breach of Fiduciary Duty of State Bar of Texas, Texas Pattern Jury Charges—Malpractice, Premises & Products PJC 61.3.Useful jury instructions. Defendant must show that: ▫ Transaction was fair to Plaintiff. ▫ Defendant placed Plaintiff's interests ahead of his. 1. When instructing a jury on the definition of a confidential relationship in a will contest,. Instruction 34:18 should be used, rather than this instruction California Jury Instruction CACI 4106 Breach of Fiduciary Duty by Attorney—Essential Factual Elements · 1.That [name of defendant] breached the duty of an