Marcos, who is an agent for Peter, breaches his fiduciary duty to Peter. Marcos :
A) is liable to Peter for breach of contract.
B) is liable to Peter in tort for any losses caused by the breach.
C) must make restitution for any profits or property received in breach of this duty.
D) All of these are correct.

Question

Quizplus · Accepted Answer

Marcos, as an agent who breaches his fiduciary duty to Peter, is liable in several ways: he can be sued for breach of contract because the agent-principal relationship is contractual in nature; he is liable in tort for any losses his breach causes, given that fiduciary duty breach is a tortious act; and he must make restitution for any profits or property he received as a result of breaching this duty, ensuring that he does not benefit from his wrongful actions.

Marcos, Who Is an Agent for Peter, Breaches His Fiduciary