pligtstridig

English translation: Breach of duty

14:09 Jul 31, 2007
Danish to English translations [PRO]
Law/Patents - Law (general) / -
Danish term or phrase: pligtstridig
bestikkelse omfatter pligtstridig modtagelse af gave.
Helle B
Local time: 23:56
English translation:Breach of duty
Explanation:


Breach of Fiduciary Duty
A breach of fiduciary duty occurs when a person, who is employed by and owes a duty to an organisation or another individual, does something that is not in the best financial interest of that organisation or individual. Breach of fiduciary duty is a civil matter, not a criminal offence. However, as a civil offence, the elements of proof required for conviction are considerably simpler than for criminal fraud, and it is not necessary to prove wrongful intent.

Examples of Breach of Fiduciary Duty:

Bribery, illegal gratuities, fraudulent conflict of interest, and making false statements are felony crimes. They are also breaches of fiduciary duty. This means that in addition to criminal charges, the persons who have committed wrongful acts can be sued for damages in civil court.
There are other types of breach of fiduciary duty. These fall under the umbrella of gross negligence, gross mismanagement, and abuse. An example would be failure to design adequate systems of internal controls that ensure the accuracy of data and information upon which company funds are disbursed. The victim is the organisation, and the loss is the funds inappropriately disbursed.
Selected response from:

Nikolaj Widenmann
United States
Local time: 15:56
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4Breach of duty
Nikolaj Widenmann
4contrary to one's duty
Diarmuid Kennan
3unconscionable; misfeasant (receipt)
Adrian MM. (X)


  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Breach of duty


Explanation:


Breach of Fiduciary Duty
A breach of fiduciary duty occurs when a person, who is employed by and owes a duty to an organisation or another individual, does something that is not in the best financial interest of that organisation or individual. Breach of fiduciary duty is a civil matter, not a criminal offence. However, as a civil offence, the elements of proof required for conviction are considerably simpler than for criminal fraud, and it is not necessary to prove wrongful intent.

Examples of Breach of Fiduciary Duty:

Bribery, illegal gratuities, fraudulent conflict of interest, and making false statements are felony crimes. They are also breaches of fiduciary duty. This means that in addition to criminal charges, the persons who have committed wrongful acts can be sued for damages in civil court.
There are other types of breach of fiduciary duty. These fall under the umbrella of gross negligence, gross mismanagement, and abuse. An example would be failure to design adequate systems of internal controls that ensure the accuracy of data and information upon which company funds are disbursed. The victim is the organisation, and the loss is the funds inappropriately disbursed.



    Reference: http://www.flatrock.org.nz/topics/money_politics_law/fraud_o...
Nikolaj Widenmann
United States
Local time: 15:56
Specializes in field
Native speaker of: Native in DanishDanish, Native in EnglishEnglish
PRO pts in category: 19
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
contrary to one's duty


Explanation:
handle pligtstridigt fail in one's duty.

Diarmuid Kennan
Ireland
Local time: 22:56
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 96
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19 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
unconscionable; misfeasant (receipt)


Explanation:
Whilst 'in breach of duty' was my first reaction, the wording need not be re-arranged if the above are used. NB misfeasance vs. malfeasance vs. nonfeasance.

Example sentence(s):
  • The second is to introduce a new cause of action against Oystertec of knowing (or unconscionable) receipt of trust property, namely the Patents. ...

    Reference: http://www.hmcourts-service.gov.uk/judgmentsfiles/j2820/mbfr...
Adrian MM. (X)
Local time: 23:56
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 113
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