What are the elements of breach of trust?

and other cases defining shareholder rights and corporate trustee duties, we can derive the three elements that a plaintiff must establish to be entitled to equitable relief based on breach of trust: (1) Intent to harm the minority; (2) impairment of minority ownership rights; and (3) no adequate alternative remedy.

What is a serious breach of trust?

Serious breach of trust means either: a single act that causes significant harm or involves flagrant misconduct, or a series of smaller breaches, none of which individually justify removal when considered alone, but which do so when considered together.

What is a breach of trust in a relationship?

Breach of trust – any action or communication perceived as a boundary violation; may be intentional or unintentional. Injured partner – a partner experiencing hurt from a breach of trust. Participating partner – a partner who engaged in behavior that breaches trust.

How do you use breach of trust in a sentence?

He was convicted of breach of trust committed during his mayoral tenure and served time in prison.

What’s another word for breach of trust?

Similar words for breach of trust:

corruption (noun) dishonesty (noun) disloyalty (noun) other relevant words (noun)

Can I be fired for breach of trust?


This case is an example that highlights the importance of trust in employment relationships and what can ensue when this trust is damaged beyond repair. In some cases, regardless of prior work record, misconduct leading to a breach of trust on part of an employee can result in dismissal.

What is meant by breach of trust by directors?

Breach of trust is, therefore, the inability of a trustee to fulfill their duties under the express/implied trust agreement entered with the trustor (real owner of the property).

What is the meaning of breach of confidence?

us. plural breaches of confidence (also breach of confidentiality plural breaches of confidentiality) LAW. a situation in which someone makes information known that they should keep secret: To establish breach of confidence, you must show that the information was not public property or knowledge.

What is the meaning of breach of duty?

a failure to do something that you are legally responsible for: Breach of duty by the company’s auditors resulted in a loss of about £13m. The defendant was in breach of duty in failing to reduce the noise levels to which workers had been exposed.

Is breach of trust criminal or civil?

Criminal breach of trust: Meaning and extent It must be proved that the beneficial interest in the property in respect of which the offence is alleged to have been committed was vested in some person other than the accused, and that the accused held that property on behalf of that person.

Is breach of trust a negligence?

In other words, negligence refers to how one has acted in the past whereas breach of trust refers to how one has failed to act in the past. As such, damages for these two legal theories are calculated differently from one another under civil law.

What is the limitation period for a breach of trust?

6 year
Accordingly persons who dishonestly assist a breach of trust or knowingly receive property in breach of trust are subject to the normal 6 year limitation period, subject to any extension under the general grounds specified in Section 32, which provides materially as follows:- “

What happens if a trustee breaches?

If a trustee is found to have breached their duties, the trustee may be held liable to pay compensation into the trust to restore the trust estate to the same position it had been before the breach occurred. The trustee may also have to pay beneficiaries a monetary amount of any profits made as a result of the breach.

Can you take legal action against a trustee?

Trustees may be sued if they breach the statutory provision of the Trustee Act 2000. Rules under the Act are prescribed in respect of requirements.