Breach - Law Dictionary Search Results
Home Dictionary Name: breachbreach
breach 1 a : a violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification breach of duty : a breach of a duty esp. by a fiduciary (as an agent or corporate officer) in carrying out the functions of his or her position breach of trust : a breach by a trustee of the terms of a trust (as by stealing from or carelessly mishandling the funds) breach of warranty : a breach by a seller of the terms of a warranty (as by the failure of the goods to conform to the seller's description or by a defect in title) NOTE: A seller may be liable for a breach of warranty even without any negligence or misconduct. b : failure without excuse or justification to fulfill one's obligations under a contract called also breach of contract compare repudiation an·tic·i·pa·to·ry breach : a breach of contract that occurs as a result of a party's anticipatory repudiation of the contract ef·fi·c...
Breach of trust
Breach of trust, a violation of duty by a trustee, executor, or other person in a fiduciary position.In some cases a breach of trust may be a comparatively venial offence, arising from the trustee having honestly misconstrued the deed or will creating the trust either as to the persons entitled, or as to his powers of investment of or dealing with the trust property, or having otherwise erred in the discharge of his strict duty; in other cases he may have been guilty of negligence or carelessness involving at least some degree of moral blame; or, in other cases again, he may have committed some gross fraud. But in all these cases alike the trustee is personally responsible at the suit of the beneficiaries for any loss which may have resulted, and the rules of equity on the subject were extremely strict and were enforced with great severity by the Court of Chancery. In later times, however, the Court was not quite so astute in fixing honest trustees with liability for breach of trust as...
Breach of warrantee
Breach of warrantee, means a breach by a seller of the terms of a warrantee (as by the failure of the goods to confirm to the seller's description or by a defect in title); A seller may be liable for a breach of warrantee even without any negligence or misconduct; failure without excuse or justification to fulfil one's obligations under a contract - called also breach of contract, Webster's Dictionary of Law, Indian Edn. (2005), p. 59.Means a breach of an express or implied warrantee relating to the title, quality, content, or condition of goods sold, Black Law Dictionary, 7th Edn., p. 183....
Breach of peace
Breach of peace, is the criminal offence of creating a public disturbance or engaging in disorderly conduct particularly by making an unnecessary or distracting noise, Black Law Dictionary, 7th Edn., p. 183.Breach of peace, takes place when either an assault is committed on an individual or public alarm and excitement is caused. Mere annoyance or insult is not enough; thus at common law a householder could not give a man into custody for violently and persistently ringing his door-bell. It is the particular duty of a Magistrate or Police Officer to preserve the peace unbroken, hence if he has reasonable cause to believe that a breach of the peace is imminent he may be justified in committing an assault or effecting an arrest; R.F.V. Heuston, Salmond on the Law of Torts, 131 (17th Edn., 1977).Means a disturbance of public peace order, Webster's Dictionary of Law, Indian Edn. (2005), p. 59.Breach of peace, offences against the public, which are either actual violations of the peace, or c...
breach of the peace
breach of the peace 1 : a disturbance of public peace or order [insulting language causing a breach of the peace] see also fighting words 2 : the offense of causing a breach of the peace compare disorderly conduct ...
total breach
total breach see breach ...
Peace, Breach of the
Peace, Breach of the, a violation of that quiet, peace, and security which is guaranteed by the laws for the personal comfort of the subjects of this kingdom. An ordinary subject of the Crown must act as a peace-officer to arrest an offender if a felony is committed, or a bad wound given in his presence; and an ordinary subject may arrest another who is on the point of committing murder, and may break and enter a house to do so; and may arrest a lunatic about to do a mischief, and may arrest one against whom an indictment has been found; or may arrest one to put a stop to a breach of the peace committed in his presence.The power of justices of the peace to adjudge a person to enter into recognizance and find sureties to keep the peace or be of good behaviour towards any other person on his complaint is regulated by s. 25 of the (English) Summary Jurisdiction Act, 1879, Chitty's Statutes, tit. 'justices.'...
Breach of privilege
Breach of privilege, contempt of either of the Houses of Parliament. See PRIVILEGE.Breach of privilege, disregard of any of the privileges, rights and immunities either of the Members of Parliament individually or of either House of Parliament in its collective capacity or of its committees; also includes action which obstruct the House in the performance of its functions and thereby lower dignity and authority such as disobedience of its legitimate orders or libel upon itself or its member or officers which are called contempt of the House, Practice and Procedure of Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn. (2001), p. 212....
Breach of duty
Breach of duty, means a breach of a duty especially by a fiduciary (as an agent or corporate officer) in carrying out the functions of his or her position, Webster's Dictionary of Law, Indian Edn. (2005), p. 58....
Breach of close
Breach of close, an unwarrantable entry on another's land; for every man's land is in the eye of the law enclosed and set apart from his neighbour's, and that either by a visible and material fence, as one field is divided from another by a hedge, or by an invisible boundary, existing only in the contemplation of law, as when one man's land adjoins to another's in the same field. Every such entry or breach of a man's close carries necessarily along with it some damage, 3 Bl. Com. 209.The unlawful or unauthorised entry on another person's land; a common law trespass; Black's Law Dictionary, 7th Edn....
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