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 ?
In fact, in 2014, five former Foxconn employees were charged with breach of trust in Taiwan for soliciting $160 million in kickbacks from suppliers in exchange for buying their equipment.
47) But not every breach of trust constitutes wilful default.
The accused allegedly committed criminal breach of trust by stealing currency notes from GPO Rawalpindi during official duty and replaced 8 Fake currency notes of one thousand each denomination with original ones.
They are accused of colluding with former National Security Adviser Sambo Dasuki, who also served under Jonathan and was charged with money laundering and criminal breach of trust last month, to divert the funds.
Under that amendment, a trustee can use trust funds to pay legal fees incurred in defending a breach of trust litigation without prior court approval so long as the trustee first provides notice of his or her intent to do so.
When the borrowers later defaulted, AIB were left with a shortfall and, rather than seek recovery of the remaining charge only, AIB sought to recover its entire loss and to rely on breach of trust.
Summary: Investigative Judge Ghassan Oueidat rejected Thursday prominent Druze businessman Bahij Abu Hamzeh's appeal to be released after he was charged with fraud and breach of trust.
A JUNIOR doctor who committed a breach of trust of the "greatest possible magnitude" when he sexually assaulted and secretly photographed female patients during examinations has had an extra year added to his jail sentence by Court of Appeal judges.
Lord Justice Fulford described Ahmed's behaviour as "appalling" and expressed agreement with the description of the offending given in court as involving a breach of trust of the greatest possible magnitude.
Although the preacher's lawyer Patrick Lyttle had urged the judge not to jail him, Judge Kerr yesterday said that given the ages of his multiple victims and the breach of trust element, "this case requires an immediate custodial sentence".
Officers questioned him on suspicion of "receiving bribes, theft, breach of trust and money laundering," a police statement said.
The three men were among nine members, either present or past councillors or band trustees, to originally face 47 charges of theft, fraud and breach of trust relating to misspending of Treaty Land Entitlement funds back in 2004.