“Plaintiff claims that he was harmed by Defendant’s breach of the fiduciary duty to use reasonable care. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant was Plaintiff’s [agent/stockbroker/real estate agent/real estate broker/corporate officer/partner]; 2. That Defendant acted on Plaintiff’s behalf for purposes of [e.g., “purchasing a
residential property”]; 3. That Defendant failed to act as a reasonably careful [agent/stockbroker/real estate agent/real estate broker/corporate officer/partner] would have acted under the same or similar circumstances; 4. That Plaintiff was harmed; and 5. That Defendant’s conduct was a substantial factor in causing Plaintiff’s harm.”
[CACI Jury Instructions [citations omitted]]
