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BREACH

Categories: Criminal Law

Definition (1910 Edition)

yhead and a sharp piece of iron entered the mouth and restrained the tongue.

constructive breach of the peace is an unlawful act which, though wanting the elements of actual violence or injury to any person, is yet inconsistent with the peaceable and orderly conduct of society. Various kinds of misdemeanors are included in this general designation, such as sending challenges to fight, going armed in public without lawful reason and in a threatening manner, etc. An Apprehkcnded breach of the peace is caused by the conduct of a man who threatens another with violence or physical injury, or who goes about in public with dangerous and unusual weapons in a threatening or alarming manner, or who publishes an aggravated libel] upon another, etc.—Breach of trust. Any act done by a trustee contrary to the terms of his trust, or in excess of his authority and to the detriment of the trust; or the wrongful omission by a trustee of any act required of him by the terms of the trust. Also the wrongful misappropriation by a trustee of any fund or property which had been lawfully committed to him in a fiduciary character.—Breach of warranty. In real property law and the law _ of insurance. The failure or falsehood of an affirmative promise or statement, or the nonperformance of an executory stipulation. Hendricks v. Insurance Co., 8 Johns. (N. Y.) 13:
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.