Legal Definition and Related Resources of Breach of trust
Meaning of Breach of trust
(1) The willful misappropriation, by a trustee, of a thing which had been lawfully delivered to him in confidence. 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.
(2) Any wrongful act of a trustee in violation of his duty as such, though not amounting to a crime.
What does Breach Of Trust mean in American Law?
Any violation of any kind of any fiduciary duty, i.e., any improper behavior by an express, implied or constructive trustee, whether active, passive, innocent, negligent, or intentional. It should be noted that one may be in breach of trust even if one did not benefit from the improper activity, i.e., breach of trust does not require embezzlement or any other self aggrandizement, but requires only violation of the rules (of law or of the trust instrument) directing the trustee.
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English Legal System: Breach of Trust
In the context of the English law, A Dictionary of Law provides the following legal concept of Breach of Trust : Any improper act or omission, contrary to the duties imposed upon him by the terms of the trust, by a trustee or other person in a fiduciary position. A breach need not be deliberate or dishonest. In all cases the trustee is personally responsible to the beneficiaries and is liable for any loss caused to the trust. Any profit made by a trustee by virtue of his position must be handed to the trust, even when the trust has suffered no loss.