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Breach
BreachThe breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract. RELATED TERMS-------------------------------------- Breaking Parting or dividing by force and violence a solid substance, or piercing, penetrating, or bursting through the same. Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. Right 1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself. Commission 1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office. Omission An omission is the neglect to perform what the law requires. Failure A total defect; an omission; a non-performance. Failure also signifies a stoppage of payment; as, there has been a failure to-day, some one has stopped payment. Condition Persons. The situation in civil society which creates certain relations between the individual, to whom it is applied, and one or more others, from which mutual rights and obligations arise. Contract A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract. SIMILAR TERMS-------------------------------------- Breach of contract Damages may be awarded if a court decides that a defendant has either been negligent or broken a contract and foreseeable damage or loss results. The measure of damages in negligence is to compensate the plaintiff for foreseeable losses or damage. For breach of contract, he would normally be restored to the position he would have been in had the contract been properly fulfilled. Breach of prison An unlawful escape out of prison Breach of the peace A violation of public order; the offence of disturbing the public peace. One guilty of this offence may be held to bail for his good behaviour. An act of public indecorum is also a breach of the peace. The remedy for this offence is by indictment. Breach of trust Any act or omission on the part of the trustee which is inconsistent with the terms of the trust agreement or the law of trusts. A prime example is the redirecting of trust property from the trust to the trustee, personally. Breaking Parting or dividing by force and violence a solid substance, or piercing, penetrating, or bursting through the same. Breaking doors The act of forcibly removing the fastenings of a house, so that a person may enter. Breath Med. juris. The air expelled from the chest at each expiration. PREVIOUS AND NEXT TERMS-------------------------------------- Bounty A sum of money or other thing, given, generally by' the government, to certain persons, for some service they have done or are about to do to the public Bovata terrae As much land as one ox can plough. Branch This is a metaphorical expression, which designates, in the genealogy of a numerous family, a portion of that family which has sprang from the same root or stock; these latter expressions, like the first, are also metaphorical. Branches Those solid parts of trees which grow above the trunk. Brandy A spirituous liquor made of wine by distillation. Breach Breach of contract Damages may be awarded if a court decides that a defendant has either been negligent or broken a contract and foreseeable damage or loss results. The measure of damages in negligence is to compensate the plaintiff for foreseeable losses or damage. For breach of contract, he would normally be restored to the position he would have been in had the contract been properly fulfilled. Breach of prison An unlawful escape out of prison Breach of the peace A violation of public order; the offence of disturbing the public peace. One guilty of this offence may be held to bail for his good behaviour. An act of public indecorum is also a breach of the peace. The remedy for this offence is by indictment. Breach of trust Any act or omission on the part of the trustee which is inconsistent with the terms of the trust agreement or the law of trusts. A prime example is the redirecting of trust property from the trust to the trustee, personally. Breaking Parting or dividing by force and violence a solid substance, or piercing, penetrating, or bursting through the same. We thank you for using the Juridical Dictionary to search for Breach. If you have a better definition for Breach than the one presented here, please let us know by making use of the suggest a term option. This definition of Breach may be disputed by other professionals. Our attempt is to provide easy definitions on Breach and any other medical topic for the public at large.
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