breach of trust


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breach of trust

n. 1) any act which is in violation of the duties or a trustee or of the terms of a trust. Such a breach need not be intentional or with malice, but can be due to negligence. 2) breaking a promise or confidence. (See: breach)

See: abuse, corruption, disloyalty, embezzlement, improbity, infidelity, infraction, misappropriation

breach of trust

a failure by a trustee to discharge the duties imposed on him by the terms of the trust or by the general law in relation to the trust property or the beneficiaries.

BREACH OF TRUST. The willful misappropriation, by a trustee, of a thing which had been lawfully delivered to him in confidence.
     2. The distinction between larceny and a breach of trust is to be found chiefly in the terms or way in which the thing was taken originally into the party's possession; and the rule seems to be, that whenever the article is obtained upon a fair contract, not for a mere temporary purpose, or by one who is in the. employment of the deliverer, then the subsequent misappropriation is to be considered as an act of breach of trust. This rule is, however, subject to many nice distinctions. 15 S. & R. 93, 97. It has been adjudged that when the owner of goods parts with the possession for a particular purpose, and the person who receives them avowedly for that purpose, has at the time a fraudulent intention to make use of the possession as the weans of converting the goods to his own use, and does so convert them, it is larceny; but if the owner part with the property, although fraudulent means have been used to obtain it, the, act of conversion is not larceny. Id. Alis. Princ. c. 12, p. 354.
     3. In the Year Book, 21 H. VII. 14, the distinction is thus stated: Pigot. If I deliver a jewel or money to my servant to keep, and he flees or goes from me with the jewel, is it felony ? Cutler said, Yes : for so long as he is with me or in my house, that which I have delivered to him is adjudged to be in my possession; as my butler, who has my plate in keeping, if he flees with it, it is felony. Same law; if he who keeps my horse goes away with, him: The reason is, they are always in my possession. But if I deliver a horse to my servant to ride to market or the fair and he flee with him, it is no felony; for e comes lawfully to the possession of the horse by delivery. And so it is, if I give him a jewel to carry to London, or to pay one, or to buy a thing, and he flee with it, it is not felony : for it is out of my possession, and he comes lawfully to it. Pigot. It can well be: for the master in these cases has an action against him, viz., Detinue, or Account. See this point fully discussed in Stamf. P. C. lib. 1; Larceny, c. 15, p. 25. Also, 13 Ed. IV. fo. 9; 52 H. III. 7; 21 H. VII. 15.

References in periodicals archive ?
Announcing the decision, Lord Justice Fulford said: "In our view this activity is one of the worst examples of breach of trust that can be contemplated because of the vulnerability of the victims and the importance of maintaining public confidence in those who work within a vital public service.
Surely disestablishing that church and taking its land and endowments to support other parishes or pay diocesan debts is as gross a breach of trust.
with breach of trust and embezzlement, and asked the court to punish the suspects in accordance with articles 121 and 404 of the Federal Penal Code.
Prosecution filed charges against former prime minister Ehud Olmert and longtime aide Zaken for fraud, breach of trust, illegal receipt of funds.
Washington, Jan 8 (ANI): Trust, they say, once broken can never be built again, but researchers have now said that if the breach of trust happens in the beginning of a relationship, it is more difficult to overcome than a betrayal that occurs after ties are established.
In a victim impact statement, college principal Dr Joe Cassidy wrote that the breach of trust damaged staff morale, caused funding headaches and had disillusioned benefactors.
Cambodian King Norodom Sihamoni on Thursday granted amnesty to Prince Norodom Ranariddh, who was sentenced in absentia to 18 months in jail for breach of trust.
He will face charges of breach of trust and fraud, said a report in our sister paper Akhbar Al Khaleej.
SOUL's John Allen said: "We are concerned that there has been a breach of trust between ourselves and the trustees.
On July 23rd the Royal Newfoundland Constabulary charged Wally Andersen, MHA, (Torngat Mountains) one of the Members found by the Auditor General to be in receipt of constituency allowance payments in excess of his entitlement, with fraud, uttering a forged document and breach of trust.
Kaneko, 57, was indicted for acting as a co-principal in a conspiracy to rig bids for JH-financed projects in fiscal 2004 in violation of the Antimonopoly Law and causing unnecessary payments to JH in a breach of trust.
I am shocked by his breach of trust and his relationship with then Governor Bush, who had welcomed him into his confidence.