Pastor, Church & Law
Court Decisions Recognizing Fiduciary Duty Claims
Key point 10-13.1. A few courts have found churches and denominational agencies liable on the basis of a breach of a fiduciary duty for the sexual misconduct of a minister. In some cases, the church or agency is found to be vicariously liable for the minister's breach of a fiduciary duty, but in others the church or agency is found to have breached a fiduciary duty that it had with the victim.
This section reviews court decisions in which a church or other religious organization was found liable on the basis of breaching a fiduciary duty.
• A California court ruled that a pastor and his employing church could be liable on the basis of his sexual seduction of a female member of his congregation, but only if the member was vulnerable ...
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