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The “breach” element goes to whether the person owing the fiduciary duty breached such duty. Examples include the duty that a trustee owes to the beneficiaries of a trust, the duty owed by officers and directors of a corporation to the shareholders of such corporation, and the duty owed by a majority shareholder in their dealings with minority shareholders. The “fiduciary duty” element requires that the defendant owe a special duty to the plaintiff.
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Annulments in Colorado (What, How, and When).