Which of the following can constitute a breach of fiduciary duty?

Engaging in transactions without consent is a clear breach of fiduciary duty because it violates the fundamental principles of trust and transparency that underpin the fiduciary relationship. Fiduciaries are expected to act in the best interests of their beneficiaries and to maintain open lines of communication. When a fiduciary makes decisions or enters into transactions without obtaining the necessary consent from the beneficiaries, it undermines their authority and the trust that beneficiaries place in them.

In this context, consent is vital; it ensures that beneficiaries are informed and involved in decisions that directly affect their interests. This breach can lead to significant legal repercussions, as fiduciaries have a legal and ethical obligation to act with the utmost good faith and to involve beneficiaries in the decision-making process, especially regarding financial matters.

Listening to beneficiary concerns, providing timely and accurate information to the beneficiaries, and consulting with beneficiaries before making decisions are all positive actions that align with a fiduciary’s duty. These behaviors foster communication and trust, ensuring that beneficiaries are informed and their interests are prioritized. Therefore, engaging in transactions without proper consent stands out as a clear breach of duty, reflecting a failure to uphold the fiduciary's responsibilities.