Berish v. Bornstein, 437 Mass. 252 (2002)

Citation: Berish v. Bornstein, 437 Mass. 252 (2002)
Parent Document: Berish v. Bornstein, 437 Mass. 252 (2002)
Jurisdiction: Massachusetts (state)
Effective Date: 2002-06-28
Original Source: https://www.courtlistener.com/opinion/6578538/berish-v-bornstein/ ↗

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The measure of recovery for a wilful breach of fiduciary duty that results in personal financial gain to the trastee may include disgorgement of the amount of the gain. See Restatement (Third) of Trusts, supra at § 205 (“the trustee is subject to such liability as necessary to prevent the trustee from benefiting personally from the breach of trust”). Cf. Demoulas v. Demoulas Super Mkts., Inc., 424 Mass. 501, 556 (1997) (“Where a corporate fiduciary obtains a gain or advantage through a violation of his duty of loyalty, a court may properly order restitution of the gain, so as to deny any profit to the wrongdoer and prevent his unjust enrichment”); New England Trust Co. v. Paine, supra at *272550 (breach of trust committed in bad faith, intentionally, or with reckless indifference to beneficiary’s interest results in liability based on profit derived from breach of trust).

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