📒 Breach of Trust Definitions
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Breach of Trust Definitions
A - B - C - D - E - F - G - H - I - J - K - L - M - N - O - P - Q - R - S - T - U - V - W - X - Y - Z
A
abrogated; abolished, did away with, or annulled, especially by authority.
absolves; relieves of a requirement or obligation.
accepted; agreed to.
administer property without right; to manage property contrary to the expressed intent of the settlors.
affirm; to make firm; establish, confirm.
agent; any person or individual acting on your behalf.
agreement; a mutual assent to do or refrain from doing something; a contract.
annexed; joined at the end.
annexure; a separate part of a legal agreement, report, etc. that gives extra information.
announcement; something that someone says officially, giving information about something.
annulled; cancelled officially; made of no effect.
aright; without mistake or crime.
ascertain; to establish with certainty.
ascertained; established with certainty.
ascribe; to assign or attribute.
assent; the act of the mind in admitting, or agreeing to, the truth of a proposition.
B
beneficiary, beneficiaries; the principal; a person designated as a recipient of property under a trust.
benefit; anything that is for the good or advantage of a person or thing.
breach of fiduciary duty; exists where the trustees are found to have breached trust by putting their interests over and above the interests of the beneficiaries.
breach of trust; the trustees fail to discharge their duties reasonably, in good faith and according to the settlors’ intent; to administer property without right.
C
cease; to come to an end; to collapse or close a trust.
charges; expenses or costs.
child; a man or woman under the age of twenty with no knowledge between good and evil.
- Your carcases shall fall in this wilderness; and all that were numbered of you, according to your whole number, from twenty years old and upward, which have murmured against me,
- Doubtless ye shall not come into the land, [concerning] which I sware to make you dwell therein, save Caleb the son of Jephunneh, and Joshua the son of Nun.
- But your little ones, which ye said should be a prey, them will I bring in, and they shall know the land which ye have despised.
- Surely none of the men that came up out of Egypt, from twenty years old and upward, shall see the land which I sware unto Abraham, unto Isaac, and unto Jacob; because they have not wholly followed me:
- Save Caleb the son of Jephunneh the Kenezite, and Joshua the son of Nun: for they have wholly followed the LORD.
- Surely there shall not one of these men of this evil generation see that good land, which I sware to give unto your fathers,
- Moreover your little ones, which ye said should be a prey, and your children, which in that day had no knowledge between good and evil, they shall go in thither, and unto them will I give it, and they shall possess it.
chose in action; the legal entitlement to enforce a promise made pursuant to a contract to benefit a third party.
consent; a yielding of the mind or will to that which is proposed or stated by another; permission.
contention; to make or gain by force.
contract; an agreement between two or more parties creating obligations that are enforceable or otherwise lawfully and or legally recognisable.
contrary; opposite; moving against or in an opposite direction.
D
default; an omission of that which ought to be done, and more specifically, the omission or failure to perform a duty.
defined; determined with precision; ascertained or exhibited clearly.
definition; an explanation of the signification of a word or term.
direction; an authoritative order, command or instruction.
disclaim; to say that you have no responsibility for, or knowledge of, something that has happened or been done.
discretion; liberty or power of acting without other control than ones own judgement.
dishonour; to disgrace; to bring reproach or shame on.
dispute; an unexpected event, different view or disagreement stops you from being yourself or harms your relationships.
disregard; to have no care or respect.
duty; that which a person is bound, by any natural, moral or lawful obligation, to pay, do or perform.
E
errors and omissions accepted; although every effort has been made to ensure the accuracy of the information, no legal responsibility is accepted for any errors or omissions herein, whether such errors or omissions result from negligence, accident or any other cause, and no responsibility is accepted with regard to the standing of anyone mentioned.
establish; to set and fix firmly or unalterably; to settle permanently.
equity; freedom from bias or favouritism and dealing fairly and equally with all concerned; having no respect of persons.
evidence; some thing, including testimony, documents and tangible objects, that proves or disproves the existence of an alleged fact.
evidenced; shown to be true.
excludes; prevents from being included, considered, or accepted.
excuse; to free, as from an obligation or duty; to make allowance for; overlook or forgive.
exhibited; shown publicly.
expectation; the act of expecting or looking forward to a future event with at least some reason to believe the event will happen.
extinguished; ended.
F
faith; the substance of things hoped for, the evidence of things not seen;
- Now faith is the substance of things hoped for, the evidence of things not seen.
fees; a reward or compensation for services.
fiduciary; one who holds a thing in trust; a trustee.
fiduciary duty; exists where one person, the fiduciary, undertakes to act for another, the principal, and in doing so, must place the interests of the principal above their own.
G
gift; something that is bestowed voluntarily and without compensation.
God; our Creator, Father and Master;
- And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.
- So God created man in his [own] image, in the image of God created he him; male and female created he them.
- But to us there is but one God, the Father, of whom are all things, and we in him; and one Lord Jesus Christ, by whom are all things, and we by him.
- One God and Father of all, who is above all, and through all, and in you all.
- And, ye masters, do the same things unto them, forbearing threatening: knowing that your Master also is in heaven; neither is there respect of persons with him.
God’s law; see law.
H
harm; mischief; wickedness.
honourable; directed to a just and proper end; honest, fair, and worthy of respect.
I
individual; a man, woman or child.
in good faith; in an honest, sincere and proper way.
in lieu; in place of; instead.
intent; the mental objective behind an action. A person has intent with respect to:
- conduct if he or she means to engage in that conduct;
- a circumstance if he or she believes that it exists or will exist;
- a result if he or she means to bring it about or is aware that it will occur in the ordinary course of events.
invalidated; declared invalid.
J
jointly and severally; each named party has the duty of fully performing the obligations set forth herein and that we have the right to collect the entire balance owed.
judge; to form an opinion or estimation of after careful consideration.
K
L
law; the Word of God being the doctrines and precepts of God, and his revealed will as set out in The Holy Bible; the natural law of the land.
lawful; according to God’s law.
laws of nature; see natural law of the land.
liable; obliged in law or equity.
liberty; the power of acting as one thinks fit, without any restraint or control, except by the laws of nature.
living; not dead.
M
malice; a disposition to injure others without cause, from mere personal gratification or from a spirit of revenge.
man; a living soul made in the image of God.
- So God created man in his own image, in the image of God created he him; male and female created he them.
- And the LORD God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul.
material fact; a fact that is important, significant or essential to the issue or matter at hand.
merriment; mirth.
must; to be obliged.
N
natural law of the land; a rule of conduct arising out of the natural relations of man established by God, and existing prior to any positive precept. Thus it is a natural law of the land, that one man should not injure another, and theft and fraud are crimes, independent of any prohibition from a supreme power.
no liability; we have acted in good faith and neither of us are liable to anyone mentioned herein for any damage, loss or prejudice suffered or claimed due to:
- the noted statements of fact;
- the remedy;
- the execution and filing of documents mentioned herein, whether or not the facts therein are correct.
note; to observe carefully or with particularity.
noted; set down in writing.
notice; a written or printed announcement.
nullified; made void; rendered invalid; deprived of legal force or efficacy.
O
obligation; a moral duty that renders a person liable to provide remedy for neglecting it.
obliged; bound in duty or in law.
office found; whomsoever receives this notice is responsible to ensure all addressed parties receive the document.
P
party; a person.
person; includes a body politic or corporate as well as an individual.
personal; belonging to an individual and private in actions or character.
principal; chief; highest in rank or importance; a beneficiary.
private; belonging to or concerning an individual only.
proper; that which is fit, suitable, adapted, and correct.
property; any thing that is owned by a person or entity, whether real or personal, tangible or intangible, legal or equitable.
proof; the establishment or refutation of an alleged fact by evidence.
prove; to provide evidence.
Q
R
reason; the capacity for logical, rational, and analytic thought; intelligence.
reasonable; to take steps to ascertain whether an action is authorised prior to performing the action.
rectify; remedy.
redress; to set aright.
remedy; to redress a trespass.
responsibility; a duty, obligation, or burden.
restore; to return to a person, that which was delivered you to keep and unjustly detained; to make restitution or satisfaction for a thing taken, by returning something else, or something of different value.
- Then it shall be, because he hath sinned, and is guilty, that he shall restore that which he took violently away, or the thing which he hath deceitfully gotten, or that which was delivered him to keep, or the lost thing which he found,
- Or all that about which he hath sworn falsely; he shall even restore it in the principal, and shall add the fifth part more thereto, [and] give it unto him to whom it appertaineth, in the day of his trespass offering.
- [Men] do not despise a thief, if he steal to satisfy his soul when he is hungry;
- But [if] he be found, he shall restore sevenfold; he shall give all the substance of his house.
restoration; the act of replacing in a former state.
revoked; invalidated or caused to no longer be in effect, as by voiding or cancelling.
right, rights; liberty.
S
safeguard; to prevent loss, theft, destruction, or damage.
set at naught; to disregard or scorn; to treat as unworthy of respect or consideration.
settlor; the person who transfers any property or business to a trustee in trust for the use of another.
sincerely; honestly; without simulation or disguise.
soul; the spiritual, rational and immortal substance in man, which distinguishes him from the visible creation.
stipulation; agreement; contract.
successors, nominees and assigns; the terms agreed herein are binding even when you die or assign your obligation to another, then your estate, heirs and successors, or the person who thus receives your obligation, are bound by your agreement.
T
theft; a criminal act that deprives a person of his property held in trust without his consent.
The Holy Bible; The Holy Bible, Authorized King James Version.
to wit; that is to say; namely; specifically.
transfer of title; change of ownership of property; A trustee takes legal title of the trust property but the trustee does not have the right to receive any benefits from the property, the right to benefit from the property, known as equitable title, belongs to the beneficiary.
trespass; an unlawful act committed against the person or property of another.
trust; a relationship created at the direction of an individual, in which one or more persons hold the individual’s property subject to certain duties to use and or protect it for the benefit of others.
trust property; property; a limited interest in property; a chose in action.
trustee; the person to whom any property or business is transferred in trust for the benefit of another.
U
V
vexation; afflictive; teasing.
voided; annulled; invalidated.
W
will; the different operations of the mind, soul, or intellectual part of man. In other words, we reason with respect to the value or importance of things; we then judge which is to be preferred; and we will to take the most valuable.
without prejudice; specific to dispute resolution: stated at the start of a letter or conversation makes the contents inadmissible in any future court proceedings; the communication cannot then be compelled to be produced in evidence or referred to in proceedings; parties can speak openly about the matters in dispute without the risk of the other party using that information against them later in court.
woman; a living soul made in the image of God.
- So God created man in his own image, in the image of God created he him; male and female created he them.
- And the LORD God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul.
X
Y
Z
References
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