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)

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 ?
Rosli concurred with Harvinderjit, who said that prior to the issuance of the Red Notice, a warrant of arrest was issued against Nik Faisal with regard to a criminal breach of trust (CBT) case involving SRC assets that was filed at the Kuala Lumpur High Court.
Fatima Sohail wife of Mohsin Abbas has got registered a case against him in defence police station on the charges of hurling threats of dire consequences to her and breach of trust.
Suleiman however, gave the convict an option of N 10,000 fine for breach of trust and N650, 000, compensation to be paid in instalments of N 35, 000 monthly or face four years imprisonment.
The report also alleges that Han personally selected the employees who received these travel abroad awards, which would represent a serious breach of trust.
The 60-year-old, a high-profile presence at her husband's side throughout his long tenure in office, was initially charged in June 2018 with fraud and breach of trust for paying $100,000 (85,000 euros) for meals from well-known Jerusalem businesses.
Provincial court prosecutor Kong Ratana ruled to charge Chamroeurn with 'breach of trust' under articles 391 and 392 of the Criminal Code.
"They're short-range and I don't consider that a breach of trust at all.
He could face up to 10 years in jail if convicted of bribery and a maximum 3-year term for fraud and breach of trust.
She emphasised that rejecting the deal "would be a catastrophic and unforgivable breach of trust in our democracy."
KUALA LAMPUR, Oct 25 (KUNA) -- Malaysian Former Prime Minister Datuk Seri Najib and former Treasury Secretary-General Tan Sri Mohd Irwan will be charged with six counts of criminal breach of trust (CBT) over funds belonging to the Malaysian government amounting to RM 6.6 billion, the Malaysian Anti-Corruption Commission (MACC) said Thursday.
The SECP has directed the insurers and insurance intermediaries to submit, at the time of their incorporation, undertaking duly signed by the sponsors, promoters and their ultimate beneficial owners that they have not been convicted in criminal breach of trust, fraud, offences of money laundering, including predicate offences as provided in the AML Act, 2010, or contravened any provision of SECP-AML/CFT Regulations, 2018, or any other AML/CFT requirements notified by the SECP.
it's an breach of trust he can say what took Soppitt Nigel Soppitt, defending, said Zancudi, of Canterbury Road, Redcar, turned to cocaine after a "tragedy in his private life" but soon "ran up debts he was unable to pay."