slovo | definícia |
breach (mass) | breach
- rozkol, porušiť, nedodržať |
breach (encz) | breach,násilné vniknutí Zdeněk Brož |
breach (encz) | breach,nedodržení n: Zdeněk Brož |
breach (encz) | breach,porušení n: Zdeněk Brož |
breach (encz) | breach,prolomení n: Zdeněk Brož |
breach (encz) | breach,prolomit v: Zdeněk Brož |
breach (encz) | breach,protržení n: Zdeněk Brož |
breach (encz) | breach,průlom n: Zdeněk Brož |
breach (encz) | breach,přestoupení n: Zdeněk Brož |
breach (encz) | breach,trhlina n: Zdeněk Brož |
Breach (gcide) | Breach \Breach\ (br[=e]ch), n. [OE. breke, breche, AS. brice,
gebrice, gebrece (in comp.), fr. brecan to break; akin to
Dan. br[ae]k, MHG. breche, gap, breach. See Break, and cf.
Brake (the instrument), Brack a break] .
1. The act of breaking, in a figurative sense.
[1913 Webster]
2. Specifically: A breaking or infraction of a law, or of any
obligation or tie; violation; non-fulfillment; as, a
breach of contract; a breach of promise.
[1913 Webster]
3. A gap or opening made made by breaking or battering, as in
a wall or fortification; the space between the parts of a
solid body rent by violence; a break; a rupture.
[1913 Webster]
Once more unto the breach, dear friends, once more;
Or close the wall up with our English dead. --Shak.
[1913 Webster]
4. A breaking of waters, as over a vessel; the waters
themselves; surge; surf.
[1913 Webster]
The Lord hath broken forth upon mine enemies before
me, as the breach of waters. --2 Sam. v.
20.
[1913 Webster]
A clear breach implies that the waves roll over the vessel
without breaking.
A clean breach implies that everything on deck is swept
away. --Ham. Nav. Encyc.
[1913 Webster]
5. A breaking up of amicable relations; rupture.
[1913 Webster]
There's fallen between him and my lord
An unkind breach. --Shak.
[1913 Webster]
6. A bruise; a wound.
[1913 Webster]
Breach for breach, eye for eye. --Lev. xxiv.
20.
[1913 Webster]
7. (Med.) A hernia; a rupture.
[1913 Webster]
8. A breaking out upon; an assault.
[1913 Webster]
The Lord had made a breach upon Uzza. --1. Chron.
xiii. 11.
[1913 Webster]
Breach of falth, a breaking, or a failure to keep, an
expressed or implied promise; a betrayal of confidence or
trust.
Breach of peace, disorderly conduct, disturbing the public
peace.
Breach of privilege, an act or default in violation of the
privilege or either house of Parliament, of Congress, or
of a State legislature, as, for instance, by false
swearing before a committee. --Mozley. Abbott.
[1913 Webster]
Breach of promise, violation of one's plighted word, esp.
of a promise to marry.
Breach of trust, violation of one's duty or faith in a
matter entrusted to one.
[1913 Webster]
Syn: Rent; cleft; chasm; rift; aperture; gap; break;
disruption; fracture; rupture; infraction; infringement;
violation; quarrel; dispute; contention; difference;
misunderstanding.
[1913 Webster] |
Breach (gcide) | Breach \Breach\, v. t. [imp. & p. p. Breached; p. pr. & vb. n.
Breaching.]
To make a breach or opening in; as, to breach the walls of a
city.
[1913 Webster] |
Breach (gcide) | Breach \Breach\, v. i.
To break the water, as by leaping out; -- said of a whale.
[1913 Webster] |
breach (wn) | breach
n 1: a failure to perform some promised act or obligation
2: an opening (especially a gap in a dike or fortification)
3: a personal or social separation (as between opposing
factions); "they hoped to avoid a break in relations" [syn:
rupture, breach, break, severance, rift, {falling
out}]
v 1: act in disregard of laws, rules, contracts, or promises;
"offend all laws of humanity"; "violate the basic laws or
human civilization"; "break a law"; "break a promise" [syn:
transgress, offend, infract, violate, go against,
breach, break] [ant: keep, observe]
2: make an opening or gap in [syn: gap, breach] |
BREACH (bouvier) | BREACH, contract, torts. The violation of an obligation, engagement or duty;
as a breach of covenant is the non-performance or violation of a covenant;
the breach of a promise is non-performance of a promise; the breach of a
duty, is the refusal or neglect to execute an office or public trust,
according to law.
2. Breaches of a contract are single or continuing breaches. The former
are those which are committed at one single time. Skin. 367; Carth. 289. A
continuing breach is one committed at different times, as, if a covenant to
repair be broken at one time, and the same covenant be again broken, it is a
continuing breach. Moore, 242; 1 Leon. 62; 1 Salk. 141; Holt, 178; Lord
Raym. 1125. When a covenant running with the land is assigned after a single
breach, the right of action for such breach does not pass to the assignee
but if it be assigned after the commencement of a continuing breach, the
right of action then vests in such assignee. Cro. Eliz. 863; 8 Taunt. 227;,
2 Moore, 164; 1 Leon. 62.
3. In general the remedy for breaches of contracts, or quasi contracts,
is by a civil action.
|
BREACH (bouvier) | BREACH. pleading. That part of the declaration in which the violation of the
defendant's contract is stated.
2. It is usual in assumpsit to introduce the statement of the
particular breach, with the allegation that the defendant, contriving and
fraudulently intending craftily and subtilely to deceive and defraud the
plaintiff, neglected and refused to perform, or performed the particular act
contrary to the previous stipulation. ?
3. In debt, the breach or cause of action. complained of must proceed
only for the non-payment of money previously alleged to be payable; and such
breach is nearly similar, whether the action be in debt on simple contract,
specially, record or statute, and is usually of the following form: " Yet
the said defendant, although often requested so to, do, hath not as yet paid
the said sum of ____ dollars, above demanded, nor any part thereof, to the
said plaintiff, but bath hitherto wholly neglected and refused so to do, to
the damage of the said plaintiff _________ dollars, and therefore he brings
suit," &c.
4. The breach must obviously be governed by the nature of the
stipulation; it ought to be assigned in the words of the contract, either
negatively or affirmatively, or in words which are co-extensive with its
import and effect. Com. Dig. Pleader, C 45 to 49; 2 Saund. 181, b, c; 6
Cranch, 127; and see 5 John. R. 168; 8 John. R. 111; 7 John. R. 376; 4 Dall.
436; 2 Hen. & Munf. 446.
5. When the contract is in the disjunctive, as, on a promise to deliver
a horse by a particular day, or pay a sum of money, the breach ought to be
assigned that the defendant did not do the one act nor the other. 1 Sid.
440; Hardr. 320; Com. Dig. Pleader, C.
|
| podobné slovo | definícia |
breach of the peace (encz) | breach of the peace,výtržnost n: Zdeněk Brož |
breach of trust (encz) | breach of trust,porušování povinnosti při správě cizího
majetku n: lawyer |
breached (encz) | breached,narušil v: Zdeněk Brožbreached,porušil v: Zdeněk Brožbreached,prolomil v: Zdeněk Brož |
breaches (encz) | breaches,nedodržuje v: Zdeněk Brožbreaches,porušuje v: Zdeněk Brožbreaches,proráží v: Zdeněk Brož |
breaching (encz) | breaching,narušení n: Zdeněk Brožbreaching,nedodržení n: Zdeněk Brožbreaching,porušení n: Zdeněk Brož |
constructive breach (encz) | constructive breach, n: |
material breach (encz) | material breach, n: |
partial breach (encz) | partial breach, n: |
A clean breach (gcide) | Breach \Breach\ (br[=e]ch), n. [OE. breke, breche, AS. brice,
gebrice, gebrece (in comp.), fr. brecan to break; akin to
Dan. br[ae]k, MHG. breche, gap, breach. See Break, and cf.
Brake (the instrument), Brack a break] .
1. The act of breaking, in a figurative sense.
[1913 Webster]
2. Specifically: A breaking or infraction of a law, or of any
obligation or tie; violation; non-fulfillment; as, a
breach of contract; a breach of promise.
[1913 Webster]
3. A gap or opening made made by breaking or battering, as in
a wall or fortification; the space between the parts of a
solid body rent by violence; a break; a rupture.
[1913 Webster]
Once more unto the breach, dear friends, once more;
Or close the wall up with our English dead. --Shak.
[1913 Webster]
4. A breaking of waters, as over a vessel; the waters
themselves; surge; surf.
[1913 Webster]
The Lord hath broken forth upon mine enemies before
me, as the breach of waters. --2 Sam. v.
20.
[1913 Webster]
A clear breach implies that the waves roll over the vessel
without breaking.
A clean breach implies that everything on deck is swept
away. --Ham. Nav. Encyc.
[1913 Webster]
5. A breaking up of amicable relations; rupture.
[1913 Webster]
There's fallen between him and my lord
An unkind breach. --Shak.
[1913 Webster]
6. A bruise; a wound.
[1913 Webster]
Breach for breach, eye for eye. --Lev. xxiv.
20.
[1913 Webster]
7. (Med.) A hernia; a rupture.
[1913 Webster]
8. A breaking out upon; an assault.
[1913 Webster]
The Lord had made a breach upon Uzza. --1. Chron.
xiii. 11.
[1913 Webster]
Breach of falth, a breaking, or a failure to keep, an
expressed or implied promise; a betrayal of confidence or
trust.
Breach of peace, disorderly conduct, disturbing the public
peace.
Breach of privilege, an act or default in violation of the
privilege or either house of Parliament, of Congress, or
of a State legislature, as, for instance, by false
swearing before a committee. --Mozley. Abbott.
[1913 Webster]
Breach of promise, violation of one's plighted word, esp.
of a promise to marry.
Breach of trust, violation of one's duty or faith in a
matter entrusted to one.
[1913 Webster]
Syn: Rent; cleft; chasm; rift; aperture; gap; break;
disruption; fracture; rupture; infraction; infringement;
violation; quarrel; dispute; contention; difference;
misunderstanding.
[1913 Webster] |
A clear breach (gcide) | Breach \Breach\ (br[=e]ch), n. [OE. breke, breche, AS. brice,
gebrice, gebrece (in comp.), fr. brecan to break; akin to
Dan. br[ae]k, MHG. breche, gap, breach. See Break, and cf.
Brake (the instrument), Brack a break] .
1. The act of breaking, in a figurative sense.
[1913 Webster]
2. Specifically: A breaking or infraction of a law, or of any
obligation or tie; violation; non-fulfillment; as, a
breach of contract; a breach of promise.
[1913 Webster]
3. A gap or opening made made by breaking or battering, as in
a wall or fortification; the space between the parts of a
solid body rent by violence; a break; a rupture.
[1913 Webster]
Once more unto the breach, dear friends, once more;
Or close the wall up with our English dead. --Shak.
[1913 Webster]
4. A breaking of waters, as over a vessel; the waters
themselves; surge; surf.
[1913 Webster]
The Lord hath broken forth upon mine enemies before
me, as the breach of waters. --2 Sam. v.
20.
[1913 Webster]
A clear breach implies that the waves roll over the vessel
without breaking.
A clean breach implies that everything on deck is swept
away. --Ham. Nav. Encyc.
[1913 Webster]
5. A breaking up of amicable relations; rupture.
[1913 Webster]
There's fallen between him and my lord
An unkind breach. --Shak.
[1913 Webster]
6. A bruise; a wound.
[1913 Webster]
Breach for breach, eye for eye. --Lev. xxiv.
20.
[1913 Webster]
7. (Med.) A hernia; a rupture.
[1913 Webster]
8. A breaking out upon; an assault.
[1913 Webster]
The Lord had made a breach upon Uzza. --1. Chron.
xiii. 11.
[1913 Webster]
Breach of falth, a breaking, or a failure to keep, an
expressed or implied promise; a betrayal of confidence or
trust.
Breach of peace, disorderly conduct, disturbing the public
peace.
Breach of privilege, an act or default in violation of the
privilege or either house of Parliament, of Congress, or
of a State legislature, as, for instance, by false
swearing before a committee. --Mozley. Abbott.
[1913 Webster]
Breach of promise, violation of one's plighted word, esp.
of a promise to marry.
Breach of trust, violation of one's duty or faith in a
matter entrusted to one.
[1913 Webster]
Syn: Rent; cleft; chasm; rift; aperture; gap; break;
disruption; fracture; rupture; infraction; infringement;
violation; quarrel; dispute; contention; difference;
misunderstanding.
[1913 Webster] |
Breach (gcide) | Breach \Breach\ (br[=e]ch), n. [OE. breke, breche, AS. brice,
gebrice, gebrece (in comp.), fr. brecan to break; akin to
Dan. br[ae]k, MHG. breche, gap, breach. See Break, and cf.
Brake (the instrument), Brack a break] .
1. The act of breaking, in a figurative sense.
[1913 Webster]
2. Specifically: A breaking or infraction of a law, or of any
obligation or tie; violation; non-fulfillment; as, a
breach of contract; a breach of promise.
[1913 Webster]
3. A gap or opening made made by breaking or battering, as in
a wall or fortification; the space between the parts of a
solid body rent by violence; a break; a rupture.
[1913 Webster]
Once more unto the breach, dear friends, once more;
Or close the wall up with our English dead. --Shak.
[1913 Webster]
4. A breaking of waters, as over a vessel; the waters
themselves; surge; surf.
[1913 Webster]
The Lord hath broken forth upon mine enemies before
me, as the breach of waters. --2 Sam. v.
20.
[1913 Webster]
A clear breach implies that the waves roll over the vessel
without breaking.
A clean breach implies that everything on deck is swept
away. --Ham. Nav. Encyc.
[1913 Webster]
5. A breaking up of amicable relations; rupture.
[1913 Webster]
There's fallen between him and my lord
An unkind breach. --Shak.
[1913 Webster]
6. A bruise; a wound.
[1913 Webster]
Breach for breach, eye for eye. --Lev. xxiv.
20.
[1913 Webster]
7. (Med.) A hernia; a rupture.
[1913 Webster]
8. A breaking out upon; an assault.
[1913 Webster]
The Lord had made a breach upon Uzza. --1. Chron.
xiii. 11.
[1913 Webster]
Breach of falth, a breaking, or a failure to keep, an
expressed or implied promise; a betrayal of confidence or
trust.
Breach of peace, disorderly conduct, disturbing the public
peace.
Breach of privilege, an act or default in violation of the
privilege or either house of Parliament, of Congress, or
of a State legislature, as, for instance, by false
swearing before a committee. --Mozley. Abbott.
[1913 Webster]
Breach of promise, violation of one's plighted word, esp.
of a promise to marry.
Breach of trust, violation of one's duty or faith in a
matter entrusted to one.
[1913 Webster]
Syn: Rent; cleft; chasm; rift; aperture; gap; break;
disruption; fracture; rupture; infraction; infringement;
violation; quarrel; dispute; contention; difference;
misunderstanding.
[1913 Webster]Breach \Breach\, v. t. [imp. & p. p. Breached; p. pr. & vb. n.
Breaching.]
To make a breach or opening in; as, to breach the walls of a
city.
[1913 Webster]Breach \Breach\, v. i.
To break the water, as by leaping out; -- said of a whale.
[1913 Webster] |
Breach of faith (gcide) | Faith \Faith\ (f[=a]th), n. [OE. feith, fayth, fay, OF. feid,
feit, fei, F. foi, fr. L. fides; akin to fidere to trust, Gr.
pei`qein to persuade. The ending th is perhaps due to the
influence of such words as truth, health, wealth. See Bid,
Bide, and cf. Confide, Defy, Fealty.]
1. Belief; the assent of the mind to the truth of what is
declared by another, resting solely and implicitly on his
authority and veracity; reliance on testimony.
[1913 Webster]
2. The assent of the mind to the statement or proposition of
another, on the ground of the manifest truth of what he
utters; firm and earnest belief, on probable evidence of
any kind, especially in regard to important moral truth.
[1913 Webster]
Faith, that is, fidelity, -- the fealty of the
finite will and understanding to the reason.
--Coleridge.
[1913 Webster]
3. (Judeo-Christian Theol.)
(a) The belief in the historic truthfulness of the
Scripture narrative, and the supernatural origin of
its teachings, sometimes called historical and
speculative faith.
(b) (Christian Theol.) The belief in the facts and truth
of the Scriptures, with a practical love of them;
especially, that confiding and affectionate belief in
the person and work of Christ, which affects the
character and life, and makes a man a true Christian,
-- called a practical, evangelical, or saving faith.
[1913 Webster]
Without faith it is impossible to please him
[God]. --Heb. xi. 6.
[1913 Webster]
The faith of the gospel is that emotion of the
mind which is called "trust" or "confidence"
exercised toward the moral character of God, and
particularly of the Savior. --Dr. T.
Dwight.
[1913 Webster]
Faith is an affectionate, practical confidence
in the testimony of God. --J. Hawes.
[1913 Webster]
4. That which is believed on any subject, whether in science,
politics, or religion; especially (Theol.), a system of
religious belief of any kind; as, the Jewish or Mohammedan
faith; the Christian faith; also, the creed or belief of a
Christian society or church.
[1913 Webster +PJC]
Which to believe of her,
Must be a faith that reason without miracle
Could never plant in me. --Shak.
[1913 Webster]
Now preacheth the faith which once he destroyed.
--Gal. i. 23.
[1913 Webster]
5. Fidelity to one's promises, or allegiance to duty, or to a
person honored and beloved; loyalty.
[1913 Webster]
Children in whom is no faith. --Deut. xxvii.
20.
[1913 Webster]
Whose failing, while her faith to me remains,
I should conceal. --Milton.
[1913 Webster]
6. Word or honor pledged; promise given; fidelity; as, he
violated his faith.
[1913 Webster]
For you alone
I broke me faith with injured Palamon. --Dryden.
[1913 Webster]
7. Credibility or truth. [R.]
[1913 Webster]
The faith of the foregoing narrative. --Mitford.
[1913 Webster]
Act of faith. See Auto-da-f['e].
Breach of faith, Confession of faith, etc. See under
Breach, Confession, etc.
Faith cure, a method or practice of treating diseases by
prayer and the exercise of faith in God.
In good faith, with perfect sincerity.
[1913 Webster] |
Breach of falth (gcide) | Breach \Breach\ (br[=e]ch), n. [OE. breke, breche, AS. brice,
gebrice, gebrece (in comp.), fr. brecan to break; akin to
Dan. br[ae]k, MHG. breche, gap, breach. See Break, and cf.
Brake (the instrument), Brack a break] .
1. The act of breaking, in a figurative sense.
[1913 Webster]
2. Specifically: A breaking or infraction of a law, or of any
obligation or tie; violation; non-fulfillment; as, a
breach of contract; a breach of promise.
[1913 Webster]
3. A gap or opening made made by breaking or battering, as in
a wall or fortification; the space between the parts of a
solid body rent by violence; a break; a rupture.
[1913 Webster]
Once more unto the breach, dear friends, once more;
Or close the wall up with our English dead. --Shak.
[1913 Webster]
4. A breaking of waters, as over a vessel; the waters
themselves; surge; surf.
[1913 Webster]
The Lord hath broken forth upon mine enemies before
me, as the breach of waters. --2 Sam. v.
20.
[1913 Webster]
A clear breach implies that the waves roll over the vessel
without breaking.
A clean breach implies that everything on deck is swept
away. --Ham. Nav. Encyc.
[1913 Webster]
5. A breaking up of amicable relations; rupture.
[1913 Webster]
There's fallen between him and my lord
An unkind breach. --Shak.
[1913 Webster]
6. A bruise; a wound.
[1913 Webster]
Breach for breach, eye for eye. --Lev. xxiv.
20.
[1913 Webster]
7. (Med.) A hernia; a rupture.
[1913 Webster]
8. A breaking out upon; an assault.
[1913 Webster]
The Lord had made a breach upon Uzza. --1. Chron.
xiii. 11.
[1913 Webster]
Breach of falth, a breaking, or a failure to keep, an
expressed or implied promise; a betrayal of confidence or
trust.
Breach of peace, disorderly conduct, disturbing the public
peace.
Breach of privilege, an act or default in violation of the
privilege or either house of Parliament, of Congress, or
of a State legislature, as, for instance, by false
swearing before a committee. --Mozley. Abbott.
[1913 Webster]
Breach of promise, violation of one's plighted word, esp.
of a promise to marry.
Breach of trust, violation of one's duty or faith in a
matter entrusted to one.
[1913 Webster]
Syn: Rent; cleft; chasm; rift; aperture; gap; break;
disruption; fracture; rupture; infraction; infringement;
violation; quarrel; dispute; contention; difference;
misunderstanding.
[1913 Webster] |
Breach of peace (gcide) | Breach \Breach\ (br[=e]ch), n. [OE. breke, breche, AS. brice,
gebrice, gebrece (in comp.), fr. brecan to break; akin to
Dan. br[ae]k, MHG. breche, gap, breach. See Break, and cf.
Brake (the instrument), Brack a break] .
1. The act of breaking, in a figurative sense.
[1913 Webster]
2. Specifically: A breaking or infraction of a law, or of any
obligation or tie; violation; non-fulfillment; as, a
breach of contract; a breach of promise.
[1913 Webster]
3. A gap or opening made made by breaking or battering, as in
a wall or fortification; the space between the parts of a
solid body rent by violence; a break; a rupture.
[1913 Webster]
Once more unto the breach, dear friends, once more;
Or close the wall up with our English dead. --Shak.
[1913 Webster]
4. A breaking of waters, as over a vessel; the waters
themselves; surge; surf.
[1913 Webster]
The Lord hath broken forth upon mine enemies before
me, as the breach of waters. --2 Sam. v.
20.
[1913 Webster]
A clear breach implies that the waves roll over the vessel
without breaking.
A clean breach implies that everything on deck is swept
away. --Ham. Nav. Encyc.
[1913 Webster]
5. A breaking up of amicable relations; rupture.
[1913 Webster]
There's fallen between him and my lord
An unkind breach. --Shak.
[1913 Webster]
6. A bruise; a wound.
[1913 Webster]
Breach for breach, eye for eye. --Lev. xxiv.
20.
[1913 Webster]
7. (Med.) A hernia; a rupture.
[1913 Webster]
8. A breaking out upon; an assault.
[1913 Webster]
The Lord had made a breach upon Uzza. --1. Chron.
xiii. 11.
[1913 Webster]
Breach of falth, a breaking, or a failure to keep, an
expressed or implied promise; a betrayal of confidence or
trust.
Breach of peace, disorderly conduct, disturbing the public
peace.
Breach of privilege, an act or default in violation of the
privilege or either house of Parliament, of Congress, or
of a State legislature, as, for instance, by false
swearing before a committee. --Mozley. Abbott.
[1913 Webster]
Breach of promise, violation of one's plighted word, esp.
of a promise to marry.
Breach of trust, violation of one's duty or faith in a
matter entrusted to one.
[1913 Webster]
Syn: Rent; cleft; chasm; rift; aperture; gap; break;
disruption; fracture; rupture; infraction; infringement;
violation; quarrel; dispute; contention; difference;
misunderstanding.
[1913 Webster] |
Breach of privilege (gcide) | Privilege \Priv"i*lege\, n. [F. privil[`e]ge, L. privilegium an
ordinance or law against or in favor of an individual; privus
private + lex, legis, law. See Private, and Legal.]
[1913 Webster]
1. A peculiar benefit, advantage, or favor; a right or
immunity not enjoyed by others or by all; special
enjoyment of a good, or exemption from an evil or burden;
a prerogative; advantage; franchise.
[1913 Webster]
He pleads the legal privilege of a Roman.
--Kettlewell.
[1913 Webster]
The privilege birthright was a double portion.
--Locke.
[1913 Webster]
A people inheriting privileges, franchises, and
liberties. --Burke.
[1913 Webster]
2. (Stockbroker's Cant) See Call, Put, Spread, etc.
[1913 Webster]
Breach of privilege. See under Breach.
Question of privilege (Parliamentary practice), a question
which concerns the security of a member of a legislative
body in his special privileges as such.
Water privilege, the advantage of having machinery driven
by a stream, or a place affording such advantage. [ U. S.]
Writ of privilege (Law), a writ to deliver a privileged
person from custody when arrested in a civil suit.
--Blackstone.
[1913 Webster]
Syn: Prerogative; immunity; franchise; right; claim; liberty.
Usage: Privilege, Prerogative. Privilege, among the
Romans, was something conferred upon an individual by
a private law; and hence, it denotes some peculiar
benefit or advantage, some right or immunity, not
enjoyed by the world at large. Prerogative, among the
Romans, was the right of voting first; and, hence, it
denotes a right of precedence, or of doing certain
acts, or enjoying certain privileges, to the exclusion
of others. It is the privilege of a member of Congress
not to be called in question elsewhere for words
uttered in debate. It is the prerogative of the
president to nominate judges and executive officers.
It is the privilege of a Christian child to be
instructed in the true religion. It is the prerogative
of a parent to govern and direct his children.
[1913 Webster]Breach \Breach\ (br[=e]ch), n. [OE. breke, breche, AS. brice,
gebrice, gebrece (in comp.), fr. brecan to break; akin to
Dan. br[ae]k, MHG. breche, gap, breach. See Break, and cf.
Brake (the instrument), Brack a break] .
1. The act of breaking, in a figurative sense.
[1913 Webster]
2. Specifically: A breaking or infraction of a law, or of any
obligation or tie; violation; non-fulfillment; as, a
breach of contract; a breach of promise.
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3. A gap or opening made made by breaking or battering, as in
a wall or fortification; the space between the parts of a
solid body rent by violence; a break; a rupture.
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Once more unto the breach, dear friends, once more;
Or close the wall up with our English dead. --Shak.
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4. A breaking of waters, as over a vessel; the waters
themselves; surge; surf.
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The Lord hath broken forth upon mine enemies before
me, as the breach of waters. --2 Sam. v.
20.
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A clear breach implies that the waves roll over the vessel
without breaking.
A clean breach implies that everything on deck is swept
away. --Ham. Nav. Encyc.
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5. A breaking up of amicable relations; rupture.
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There's fallen between him and my lord
An unkind breach. --Shak.
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6. A bruise; a wound.
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Breach for breach, eye for eye. --Lev. xxiv.
20.
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7. (Med.) A hernia; a rupture.
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8. A breaking out upon; an assault.
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The Lord had made a breach upon Uzza. --1. Chron.
xiii. 11.
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Breach of falth, a breaking, or a failure to keep, an
expressed or implied promise; a betrayal of confidence or
trust.
Breach of peace, disorderly conduct, disturbing the public
peace.
Breach of privilege, an act or default in violation of the
privilege or either house of Parliament, of Congress, or
of a State legislature, as, for instance, by false
swearing before a committee. --Mozley. Abbott.
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Breach of promise, violation of one's plighted word, esp.
of a promise to marry.
Breach of trust, violation of one's duty or faith in a
matter entrusted to one.
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Syn: Rent; cleft; chasm; rift; aperture; gap; break;
disruption; fracture; rupture; infraction; infringement;
violation; quarrel; dispute; contention; difference;
misunderstanding.
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Breach of promise (gcide) | Breach \Breach\ (br[=e]ch), n. [OE. breke, breche, AS. brice,
gebrice, gebrece (in comp.), fr. brecan to break; akin to
Dan. br[ae]k, MHG. breche, gap, breach. See Break, and cf.
Brake (the instrument), Brack a break] .
1. The act of breaking, in a figurative sense.
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2. Specifically: A breaking or infraction of a law, or of any
obligation or tie; violation; non-fulfillment; as, a
breach of contract; a breach of promise.
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3. A gap or opening made made by breaking or battering, as in
a wall or fortification; the space between the parts of a
solid body rent by violence; a break; a rupture.
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Once more unto the breach, dear friends, once more;
Or close the wall up with our English dead. --Shak.
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4. A breaking of waters, as over a vessel; the waters
themselves; surge; surf.
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The Lord hath broken forth upon mine enemies before
me, as the breach of waters. --2 Sam. v.
20.
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A clear breach implies that the waves roll over the vessel
without breaking.
A clean breach implies that everything on deck is swept
away. --Ham. Nav. Encyc.
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5. A breaking up of amicable relations; rupture.
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There's fallen between him and my lord
An unkind breach. --Shak.
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6. A bruise; a wound.
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Breach for breach, eye for eye. --Lev. xxiv.
20.
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7. (Med.) A hernia; a rupture.
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8. A breaking out upon; an assault.
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The Lord had made a breach upon Uzza. --1. Chron.
xiii. 11.
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Breach of falth, a breaking, or a failure to keep, an
expressed or implied promise; a betrayal of confidence or
trust.
Breach of peace, disorderly conduct, disturbing the public
peace.
Breach of privilege, an act or default in violation of the
privilege or either house of Parliament, of Congress, or
of a State legislature, as, for instance, by false
swearing before a committee. --Mozley. Abbott.
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Breach of promise, violation of one's plighted word, esp.
of a promise to marry.
Breach of trust, violation of one's duty or faith in a
matter entrusted to one.
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Syn: Rent; cleft; chasm; rift; aperture; gap; break;
disruption; fracture; rupture; infraction; infringement;
violation; quarrel; dispute; contention; difference;
misunderstanding.
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Breach of the peace (gcide) | Peace \Peace\, n. [OE. pees, pais, OF. pais, paiz, pes, F. paix,
L. pax, pacis, akin to pacere, paciscere, pacisci, to make an
agreement, and prob. also pangere to fasten. Cf. Appease,
Fair, a., Fay, v., Fang, Pacify, Pact, Pay to
requite.]
A state of quiet or tranquillity; freedom from disturbance or
agitation; calm; repose; specifically:
(a) Exemption from, or cessation of, war with public enemies.
(b) Public quiet, order, and contentment in obedience to law.
(c) Exemption from, or subjection of, agitating passions;
tranquillity of mind or conscience.
(d) Reconciliation; agreement after variance; harmony;
concord. "The eternal love and pees." --Chaucer.
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Note: Peace is sometimes used as an exclamation in commanding
silence, quiet, or order. "Peace! foolish woman."
--Shak.
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At peace, in a state of peace.
Breach of the peace. See under Breach.
Justice of the peace. See under Justice.
Peace of God. (Law)
(a) A term used in wills, indictments, etc., as denoting a
state of peace and good conduct.
(b) (Theol.) The peace of heart which is the gift of God.
Peace offering.
(a) (Jewish Antiq.) A voluntary offering to God in token of
devout homage and of a sense of friendly communion with
Him.
(b) A gift or service offered as satisfaction to an offended
person.
Peace officer, a civil officer whose duty it is to preserve
the public peace, to prevent riots, etc., as a polliceman,
sheriff or constable.
To hold one's peace, to be silent; to refrain from
speaking.
To make one's peace with, to reconcile one with, to plead
one's cause with, or to become reconciled with, another.
"I will make your peace with him." --Shak.
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Breach of trust (gcide) | Breach \Breach\ (br[=e]ch), n. [OE. breke, breche, AS. brice,
gebrice, gebrece (in comp.), fr. brecan to break; akin to
Dan. br[ae]k, MHG. breche, gap, breach. See Break, and cf.
Brake (the instrument), Brack a break] .
1. The act of breaking, in a figurative sense.
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2. Specifically: A breaking or infraction of a law, or of any
obligation or tie; violation; non-fulfillment; as, a
breach of contract; a breach of promise.
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3. A gap or opening made made by breaking or battering, as in
a wall or fortification; the space between the parts of a
solid body rent by violence; a break; a rupture.
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Once more unto the breach, dear friends, once more;
Or close the wall up with our English dead. --Shak.
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4. A breaking of waters, as over a vessel; the waters
themselves; surge; surf.
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The Lord hath broken forth upon mine enemies before
me, as the breach of waters. --2 Sam. v.
20.
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A clear breach implies that the waves roll over the vessel
without breaking.
A clean breach implies that everything on deck is swept
away. --Ham. Nav. Encyc.
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5. A breaking up of amicable relations; rupture.
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There's fallen between him and my lord
An unkind breach. --Shak.
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6. A bruise; a wound.
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Breach for breach, eye for eye. --Lev. xxiv.
20.
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7. (Med.) A hernia; a rupture.
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8. A breaking out upon; an assault.
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The Lord had made a breach upon Uzza. --1. Chron.
xiii. 11.
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Breach of falth, a breaking, or a failure to keep, an
expressed or implied promise; a betrayal of confidence or
trust.
Breach of peace, disorderly conduct, disturbing the public
peace.
Breach of privilege, an act or default in violation of the
privilege or either house of Parliament, of Congress, or
of a State legislature, as, for instance, by false
swearing before a committee. --Mozley. Abbott.
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Breach of promise, violation of one's plighted word, esp.
of a promise to marry.
Breach of trust, violation of one's duty or faith in a
matter entrusted to one.
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Syn: Rent; cleft; chasm; rift; aperture; gap; break;
disruption; fracture; rupture; infraction; infringement;
violation; quarrel; dispute; contention; difference;
misunderstanding.
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Breached (gcide) | Breach \Breach\, v. t. [imp. & p. p. Breached; p. pr. & vb. n.
Breaching.]
To make a breach or opening in; as, to breach the walls of a
city.
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Breaching (gcide) | Breach \Breach\, v. t. [imp. & p. p. Breached; p. pr. & vb. n.
Breaching.]
To make a breach or opening in; as, to breach the walls of a
city.
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Breachy (gcide) | Breachy \Breach"y\, a.
Apt to break fences or to break out of pasture; unruly; as,
breachy cattle.
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Clean breach (gcide) | Clean \Clean\ (kl[=e]n), a. [Compar. Cleaner (kl[=e]n"[~e]r);
superl. Cleanest.] [OE. clene, AS. cl[=ae]ne; akin to OHG.
chleini pure, neat, graceful, small, G. klein small, and
perh. to W. glan clean, pure, bright; all perh. from a
primitive, meaning bright, shining. Cf. Glair.]
1. Free from dirt or filth; as, clean clothes.
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2. Free from that which is useless or injurious; without
defects; as, clean land; clean timber.
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3. Free from awkwardness; not bungling; adroit; dexterous;
as, a clean trick; a clean leap over a fence.
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4. Free from errors and vulgarisms; as, a clean style.
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5. Free from restraint or neglect; complete; entire.
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When ye reap the harvest of your land, thou shalt
not make clean riddance of corners of thy field.
--Lev. xxiii.
22.
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6. Free from moral defilement; sinless; pure.
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Create in me a clean heart, O God. --Ps. li. 10
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That I am whole, and clean, and meet for Heaven
--Tennyson.
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7. (Script.) Free from ceremonial defilement.
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8. Free from that which is corrupting to the morals; pure in
tone; healthy. "Lothair is clean." --F. Harrison.
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9. Well-proportioned; shapely; as, clean limbs.
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A clean bill of health, a certificate from the proper
authority that a ship is free from infection.
Clean breach. See under Breach, n., 4.
To make a clean breast. See under Breast.
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Clear breach (gcide) | Clear \Clear\ (kl[=e]r), a. [Compar. Clearer (-[~e]r); superl.
Clearest.] [OE. cler, cleer, OF. cler, F. clair, fr.L.
clarus, clear, bright, loud, distinct, renowned; perh. akin
to L. clamare to call, E. claim. Cf. Chanticleer,
Clairvoyant, Claret, Clarify.]
1. Free from opaqueness; transparent; bright; light;
luminous; unclouded.
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The stream is so transparent, pure, and clear.
--Denham.
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Fair as the moon, clear as the sun. --Canticles
vi. 10.
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2. Free from ambiguity or indistinctness; lucid; perspicuous;
plain; evident; manifest; indubitable.
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One truth is clear; whatever is, is right. --Pope.
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3. Able to perceive clearly; keen; acute; penetrating;
discriminating; as, a clear intellect; a clear head.
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Mother of science! now I feel thy power
Within me clear, not only to discern
Things in their causes, but to trace the ways
Of highest agents. --Milton.
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4. Not clouded with passion; serene; cheerful.
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With a countenance as clear
As friendship wears at feasts. --Shak.
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5. Easily or distinctly heard; audible; canorous.
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Hark! the numbers soft and clear
Gently steal upon the ear. --Pope.
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6. Without mixture; entirely pure; as, clear sand.
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7. Without defect or blemish, such as freckles or knots; as,
a clear complexion; clear lumber.
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8. Free from guilt or stain; unblemished.
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Statesman, yet friend to truth! in soul sincere,
In action faithful, and in honor clear. --Pope.
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9. Without diminution; in full; net; as, clear profit.
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I often wished that I had clear,
For life, six hundred pounds a-year. --Swift
.
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10. Free from impediment or obstruction; unobstructed; as, a
clear view; to keep clear of debt.
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My companion . . . left the way clear for him.
--Addison.
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11. Free from embarrassment; detention, etc.
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The cruel corporal whispered in my ear,
Five pounds, if rightly tipped, would set me clear.
--Gay.
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Clear breach. See under Breach, n., 4.
Clear days (Law.), days reckoned from one day to another,
excluding both the first and last day; as, from Sunday to
Sunday there are six clear days.
Clear stuff, boards, planks, etc., free from knots.
Syn: Manifest; pure; unmixed; pellucid; transparent;
luminous; obvious; visible; plain; evident; apparent;
distinct; perspicuous. See Manifest.
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Pound-breach (gcide) | Pound-breach \Pound"-breach`\, n.
The breaking of a public pound for releasing impounded
animals. --Blackstone.
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Practicable breach (gcide) | Practicable \Prac"ti*ca*ble\, a. [LL. practicare to act,
transact, fr. L. practicus active, Gr. ?: cf. F. practicable,
pratiquer to practice. See Practical.]
1. That may be practiced or performed; capable of being done
or accomplished with available means or resources;
feasible; as, a practicable method; a practicable aim; a
practicable good.
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2. Capable of being used; passable; as, a practicable weapon;
a practicable road.
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Practicable breach (Mil.), a breach which admits of
approach and entrance by an assailing party.
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Syn: Possible; feasible. -- Practicable, Possible. A
thing may be possible, i. e., not forbidden by any law
of nature, and yet may not now be practicable for want
of the means requisite to its performance.
[1913 Webster] -- Prac"ti*ca*ble*ness, n. --
Prac"ti*ca*bly, adv.
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Prison breach (gcide) | Prison \Pris"on\ (?; 277), n. [F., fr. L. prehensio, prensio, a
seizing, arresting, fr. prehendre, prendere, to lay hold of,
to seize. See Prehensile, and cf. Prize, n.,
Misprision.]
1. A place where persons are confined, or restrained of
personal liberty; hence, a place or state o? confinement,
restraint, or safe custody.
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Bring my soul out of prison, that I may praise thy
name. --Ps. cxlii.
7.
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The tyrant Aeolus, . . .
With power imperial, curbs the struggling winds,
And sounding tempests in dark prisons binds.
--Dryden.
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2. Specifically, a building for the safe custody or
confinement of criminals and others committed by lawful
authority.
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Prison bars, or Prison base. See Base, n., 24.
Prison breach. (Law) See Note under 3d Escape, n., 4.
Prison house, a prison. --Shak.
Prison ship (Naut.), a ship fitted up for the confinement
of prisoners.
Prison van, a carriage in which prisoners are conveyed to
and from prison.
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Sea breach (gcide) | Sea breach \Sea" breach`\
A breaking or overflow of a bank or a dike by the sea.
--L'Estrange.
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Spouse-breach (gcide) | Spouse-breach \Spouse"-breach`\ (-br[=e]ch`), n.
Adultery. [Obs.]
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anticipatory breach (wn) | anticipatory breach
n 1: a breach of contract committed prior to the time of
required performance [syn: anticipatory breach,
constructive breach] |
breach of contract (wn) | breach of contract
n 1: a breach of a legal duty; failure to do something that is
required in a contract |
breach of duty (wn) | breach of duty
n 1: a breach of due care |
breach of promise (wn) | breach of promise
n 1: failure to keep a promise (of marriage) |
breach of the covenant of warranty (wn) | breach of the covenant of warranty
n 1: a failure of the seller's guarantee of good title |
breach of the peace (wn) | breach of the peace
n 1: any act of molesting, interrupting, hindering, agitating,
or arousing from a state of repose or otherwise depriving
inhabitants of the peace and quiet to which they are
entitled [syn: disorderly conduct, disorderly behavior,
disturbance of the peace, breach of the peace] |
breach of trust (wn) | breach of trust
n 1: violation (either through fraud or negligence) by a trustee
of a duty that equity requires of him |
breach of trust with fraudulent intent (wn) | breach of trust with fraudulent intent
n 1: larceny after trust rather than after unlawful taking |
breach of warranty (wn) | breach of warranty
n 1: a breach that occurs when an item is deficient according to
the terms of a warranty |
constructive breach (wn) | constructive breach
n 1: a breach of contract committed prior to the time of
required performance [syn: anticipatory breach,
constructive breach] |
material breach (wn) | material breach
n 1: a breach serious enough to destroy the value of the
contract and to give a basis for an action for breach of
contract |
partial breach (wn) | partial breach
n 1: a breach that does not destroy the value of the contract
but can give rise to a claim for damages |
BREACH (bouvier) | BREACH, contract, torts. The violation of an obligation, engagement or duty;
as a breach of covenant is the non-performance or violation of a covenant;
the breach of a promise is non-performance of a promise; the breach of a
duty, is the refusal or neglect to execute an office or public trust,
according to law.
2. Breaches of a contract are single or continuing breaches. The former
are those which are committed at one single time. Skin. 367; Carth. 289. A
continuing breach is one committed at different times, as, if a covenant to
repair be broken at one time, and the same covenant be again broken, it is a
continuing breach. Moore, 242; 1 Leon. 62; 1 Salk. 141; Holt, 178; Lord
Raym. 1125. When a covenant running with the land is assigned after a single
breach, the right of action for such breach does not pass to the assignee
but if it be assigned after the commencement of a continuing breach, the
right of action then vests in such assignee. Cro. Eliz. 863; 8 Taunt. 227;,
2 Moore, 164; 1 Leon. 62.
3. In general the remedy for breaches of contracts, or quasi contracts,
is by a civil action.
BREACH. pleading. That part of the declaration in which the violation of the
defendant's contract is stated.
2. It is usual in assumpsit to introduce the statement of the
particular breach, with the allegation that the defendant, contriving and
fraudulently intending craftily and subtilely to deceive and defraud the
plaintiff, neglected and refused to perform, or performed the particular act
contrary to the previous stipulation. ?
3. In debt, the breach or cause of action. complained of must proceed
only for the non-payment of money previously alleged to be payable; and such
breach is nearly similar, whether the action be in debt on simple contract,
specially, record or statute, and is usually of the following form: " Yet
the said defendant, although often requested so to, do, hath not as yet paid
the said sum of ____ dollars, above demanded, nor any part thereof, to the
said plaintiff, but bath hitherto wholly neglected and refused so to do, to
the damage of the said plaintiff _________ dollars, and therefore he brings
suit," &c.
4. The breach must obviously be governed by the nature of the
stipulation; it ought to be assigned in the words of the contract, either
negatively or affirmatively, or in words which are co-extensive with its
import and effect. Com. Dig. Pleader, C 45 to 49; 2 Saund. 181, b, c; 6
Cranch, 127; and see 5 John. R. 168; 8 John. R. 111; 7 John. R. 376; 4 Dall.
436; 2 Hen. & Munf. 446.
5. When the contract is in the disjunctive, as, on a promise to deliver
a horse by a particular day, or pay a sum of money, the breach ought to be
assigned that the defendant did not do the one act nor the other. 1 Sid.
440; Hardr. 320; Com. Dig. Pleader, C.
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BREACH OF PRISON (bouvier) | BREACH OF PRISON. An unlawful escape out of prison. This is of itself a
misdemeanor. 1 Russ. Cr. 378; 4 Bl. Com. 129 2 Hawk. P. C. c. 18, s. 1 7
Conn. 752. The remedy for this offence is by indictment. See Escape.
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BREACH OF THE PEACE (bouvier) | 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. Vide Pace,
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BREACH OF TRUST (bouvier) | BREACH OF TRUST. The willful misappropriation, by a trustee, of a thing which
had been lawfully delivered to him in confidence.
2. 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. This rule
is, however, subject to many nice distinctions. 15 S. & R. 93, 97. It has
been adjudged that when the owner of goods parts with the possession for a
particular purpose, and the person who receives them avowedly for that
purpose, has at the time a fraudulent intention to make use of the
possession as the weans of converting the goods to his own use, and does so
convert them, it is larceny; but if the owner part with the property,
although fraudulent means have been used to obtain it, the, act of
conversion is not larceny. Id. Alis. Princ. c. 12, p. 354.
3. In the Year Book, 21 H. VII. 14, the distinction is thus stated:
Pigot. If I deliver a jewel or money to my servant to keep, and he flees or
goes from me with the jewel, is it felony ? Cutler said, Yes : for so long
as he is with me or in my house, that which I have delivered to him is
adjudged to be in my possession; as my butler, who has my plate in keeping,
if he flees with it, it is felony. Same law; if he who keeps my horse goes
away with, him: The reason is, they are always in my possession. But if I
deliver a horse to my servant to ride to market or the fair and he flee with
him, it is no felony; for e comes lawfully to the possession of the horse by
delivery. And so it is, if I give him a jewel to carry to London, or to pay
one, or to buy a thing, and he flee with it, it is not felony : for it is
out of my possession, and he comes lawfully to it. Pigot. It can well be:
for the master in these cases has an action against him, viz., Detinue, or
Account. See this point fully discussed in Stamf. P. C. lib. 1; Larceny, c.
15, p. 25. Also, 13 Ed. IV. fo. 9; 52 H. III. 7; 21 H. VII. 15.
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