University of Michigan Journal of Law Reform Volume 42 2009 The Tort of Betrayal of Trust Caroline Forell University of Oregon School of Law Anna Sortun Tonkon Torp LLP Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Legal Remedies Commons, and the Torts Commons Recommended Citation Caroline Forell & Anna Sortun, The Tort of Betrayal of Trust, 42 U. MICH. J. L. REFORM 557 (2009). Available at: https://repository.law.umich.edu/mjlr/vol42/iss3/3 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. THE TORT OF BETRAYAL OF TRUST Caroline Forell* Anna Sortun** Fiduciary betrayal is a serious harm. Wen the fiduciary is a doctor or a lawyer, and the entrustor is a patient or client, this harm frequently goes unremedied. Be- trayals arise out of disloyalty and conflicts of interest where the lawyer or doctor puts his or her interest above that of his or her client or patient. They cause digni- tary harm that is different from the harm flowing from negligent malpractice. Nevertheless, courts, concerned with overdeterrence, have for the most part refused to allow a separate claim for betrayal. In this Article, we suggest that betrayal de- serves a remedy and propose a new statutory tort with limits on the available money damages.