Define: Infiduciare

Infiduciare is a legal term that refers to the act of breaching fiduciary duty, which is the obligation to act in the best interest of another party.

The consequences of infiduciare can vary depending on the specific circumstances and jurisdiction. However, common consequences may include civil liability, monetary damages, and potential criminal charges.

To prove infiduciare, you generally need to demonstrate that a fiduciary relationship existed, the fiduciary breached their duty, and the breach caused harm or damages. Evidence such as documents, communications, and witness testimony can be crucial in establishing a case of infiduciare.

Yes, a fiduciary can be held personally liable for infiduciare. If found guilty, they may be required to compensate the affected party for any losses or damages caused by their breach of fiduciary duty.

Yes, there are several potential defences against allegations of infiduciare. These may include lack of intent, lack of a fiduciary relationship, consent from the affected party, or the fiduciary acting in good faith.

Yes, infiduciare can lead to criminal charges in certain cases. For example, if the breach of fiduciary duty involves fraud, embezzlement, or other criminal activities, the responsible party may face criminal prosecution.

Yes, if a fiduciary is found guilty of infiduciare, they can be removed from their position. The affected party or a court may initiate the removal process, and a replacement fiduciary may be appointed.

Yes, infiduciare can occur in both personal and business relationships. It can involve situations such as trustees mismanaging trust funds, corporate officers diverting company assets for personal gain, or attorneys breaching their duty of loyalty to their clients.

Yes, there is typically a statute of limitations for filing a claim of infiduciare. The specific time limit can vary depending on the jurisdiction and the nature of the breach. It is important to consult with a legal professional to determine the applicable statute of limitations in your case.

Yes, infiduciare can be resolved through alternative dispute resolution methods such as mediation or arbitration. These methods can provide a more efficient and cost-effective way to resolve disputes without going to court. However, the availability of alternative dispute resolution may depend on the specific circumstances and the willingness of the parties involved.