You and Your ENTITY (just when we think we know it All)

Oxford Universal Dictionary - 1933

BREACH OF CONFIDENCE 1. The disclosure of confidential information without permission. 2. Failure to observe
an injunction granted by the court to prevent this. The injunction is most commonly granted to protect *trade secrets
(except patents, registered designs, and copyrights, which are protected under statute), but may also be granted, for
example, to protect the secrecy of communications made between husband and wife during marriage or, possibly,
between cohabitants during their period of cohabitation. The laws protecting confidential information exist at
common law and will only restrain the dissemination of truly confidential information. Information that has been
disclosed anywhere in the world, unless it was disclosed under conditions (usually a contract) of confidence, cannot
subsequently be prevented from disclosure by the courts.
CANCELLATION n. 1. (in equity) An order by the court that specified documents should no longer have effect. This
may occur when a document has fulfilled its purpose but its continued existence could lead to Improper Claims
against its Maker. 2. (in commercial law) The RIGHT to CANCEL a commercial contract after it has been
entered into. The Right to Cancel exists generally for contracts concluded at a distance (see DISTANCE
SELLING), such as mail order and Internet sales when the contract is with a *consumer, and in particular in such
sectors as time-share sales and consumer credit.
DISSOLUTION n. 1. The Legal Termination of a marriage; for example, by a decree of divorce, nullity, or
presumption of death. 2. The Dissolving of a *registered company. This can be achieved by *winding-up or by the
Registrar of Companies striking it off the companies register as "defunct", because he has reasonable cause to believe
that the company is no longer carrying on business or has failed to file accounts. The company can be restored to
register subsequently on application by petition and payment of the relevant fee. 3. See PARLIAMENT.
ENTITY (e·ntlti) .. 1596. [ad. late L. entitatem,f. ens, entis; see ENS.]
1. Being, Existence, as opp. to non-existence; the EXISTENCE, as DISTINCT, from the qualities or relations, of
anything.
2. That which makes a thing what it is; essence, essential nature 1643.
3. caner. An EKS, as DISTINCT. from a function, attribute, relation, etc. r628.
4.' Being' generally r604-1. Both Night and Coldnesse - have reall entitie H.MORE. 3- An ideal E., like the Utopia
BOLINGBROKE
FIDUCIARY [from Latin: fiducia, trust] 1. n. A person, such as a trustee, who holds a position of trust or confidence
with respect to someone else and who is therefore OBLIGED to act solely for that person's benefit. 2. adj. In a
position of trust or confidence. Fiduciary relationships include those between trustees and their beneficiaries,
company promoters and directors and their shareholders, solicitors and their clients, and guardians and their wards.
GOOD FAITH - Honesty. An act carried out in good faith is one carried out honestly. Good faith is implied by law
into certain contracts, such as those relating to commercial agency. See alsoUBERRIMAE FIDEI.
Black's Law Dictionary 1st
CONFIDENTIAL RELATION. A fiduciary relation. These phrases are used as convertible terms. It is a peculiar relation which
exists between client and attorney, principal and agent, principal and surety, landlord and tenant, parent and child, guardian and
ward; ancestor and heir; husband and wife; trustee and cestui que trust; EXECUTORS or Administrators and Creditors,
Legatees, or Distributees; appointer and appointee under powers, and partners and part owners. In these and like cases, the law, in
order to prevent undue advantage from the unlimited confidence or sense of duty which the relation naturally creates, requires the
Utmost Degree of GOOD FAITH in all transactions between the parties. 57 Cal. 497; 1 Story, Eq. Jur. 218.
DISTINCTE ET APERTE. In old English practice. Distinctly and openly. Formal words in writs of error, referring to
the return required to be made to them. Reg. Orig. 17.
DE FACTO CONTRACT. One which has purported to pass the property from the owner to another. 74 N. Y. 575; L.
R. 3 App. Cas. 459.
DISSOLUTION. In Contracts. The Dissolution of a contract is the Cancellation or Abrogation of it by the parties
themselves, with the effect of annulling the binding force of the agreement, and Restoring each party to his
ORIGINAL RIGHTS. In this sense it is frequently used in the phrase "dissolution of a partnership"
Of Corporations. The Dissolution of a Corporation is the TERMINATION of its existence as a body politic. This
may take place in several ways; as by act of the legislature where that is constitutional; by surrender or forfeiture of
its charter; by expiration of its charter by lapse of time; by proceedings for winding it up under the law; by loss of
all its members or Their Reduction Below the Statutory Limit. {The last is by the DEATH of the ENTITY and .}
 In Practice. The Act of Rendering a Legal Proceeding NULL, abrogating or revoking it; unloosing its constraining
force; as when an injunction is dissolved by the court.
Bouvier's Law Dictionary, 1856 Edition
DISSOLUTION, contracts. The dissolution of a contract, is the annulling its effects between the contracting parties.
2. This dissolution of a partnership, is the putting an end to the partnership. Its dissolution does not affect contracts
made between the. partners and others; so that they are entitled to all their rights, and they are liable on their
obligations, as if the partnership had not been dissolved. Vide article Partnership and 3 Kent, Com. 27 Dane's Ab. h.
t.; Gow on Partn. Index, h. t.; Wats. on Partn. h. t.; Bouv. Inst. Index, h. t.
DISSOLUTION, practice. The act of rendering a legal proceeding null, or changing its character; as, a foreign
attachment in Pennsylvania is: dissolved by entering bail to the action. Injunctions are dissolved by the court.
Ballentine's Law Dictionary 3rd
CONFIDENTIAL RELATION. A technical fiduciary relation, such as trustee and beneficiary, and any informal
relation between parties wherein one of them is in duty bound to act with the utmost good faith for the benefit of the
other party, 57 Am 11 st Wills 390; a relation between two persons as a result of which there is confidence reposed on
one side and a resulting superiority in position and influence on the other, 37 Am J2d Fraud §§ 15, 16; a relation in
which confidence is reposed, and in which dominion and influence resulting from such confidence may be exercised
by one person over another, Burgdorfer v Thielemann, 153 Or 354, 55 P2d 1122, 104 ALR 1407; State v Russell
(Mo) 265 SW2d 379, 45 ALR2d 617; a Peculiar Relation which EXISTS between attorney and client, principal and
agent, principal and surety, landlord and tenant, parent and child, guardian and ward, ancestor and heir, husband and
wife, trustee and cestui que trust, EXECUTOR or Administrator and CREDITORS and in many other cases.
Robins v Hope, 57 Ca1493.
Some courts, in dealing with the question of fraud, indiscriminately use the terms "fiducial relation" and "confidential
relation." as being synonymous insofar as they affect the good-faith dealings between the parties to the relation. There
is, however, a technical distinction between the two terms, the former being more correctly applicable to legal
relationships between the parties, such as guardian and ward etc., while the latter includes them and also every other
relationship wherein confidence is rightfully reposed and is exercised, among which is a situation involving
superiority of knowledge on the part of the one seeking to uphold the contract and confidence REPOSED in him
by the other. Rohcrts v Parsons. 195 Ky 274,242 SW 594.
CORPORATE CITIZENSHIP. Citizenship attributed to a corporation for some specific purpose, such as the
obtaining of a liquor license. 30 Am] Rev ed Intox L § 126: A corporation of a state is a "citizen of the United
States," within the meaning of the Act of Congress providing for the adjudication of claims of citizens of the United
States for property taken or destroyed by Indians. United States v Northwestern Express, Stage & Transp. Co. 164
US 686, 41 L Ed 599, 17 S Ct 206. (Yes, you are classified as an Indian in corporate law if you were a Native Born or
Naturalized in their eyes.)
CORPORATE ENTITY. The STATUS of a Corporation DISTINCT from its individual members or stockholders,
who, for the purpose of the Existence of the Corporation are MERGED in the Corporate Identity. 18 Am J2d
Corp § 13.
See disregarding corporate entity.
CORPORATE EXCESS. In the language of a Massachusetts statute, "corporate excess employed within the
commonwealth by a foreign corporation (shall mean) such proportion of the fair cash value of all the shares
constituting the capital stock on the first day of April, when the return called for by the statute is due, as the value of
the assets, both real and personal, employed in any business within the commonwealth on that date, bears to the value
of the total assets of the corporation on that date." Alpha Portland Cement Co. v Massachusetts, 268 US 203,208,69
LEd 916,920,45 S Ct 477.
CORPORATE NAME. The name of a corporation, as Fixed by its charter or the statute by which the corporation was
created, such being an essential of existence as a corporation and a part of the franchise to be a corporation. 18 Am
J2d Corp § 141. (The name has to be FIXED, so it needs to have a LAST name.)
CORPORATE OFFICE. See principal place of business.
CORPORATE OFFICERS. The officers of corporations, such as president, vice-president, secretary, treasurer or
comptroller, and often a manager or general manager; technically, the persons filling offices created by the charter or
bylaws of the corporation. 19 Am J2d Corp § 1080. (You are to be the Fiduciary and that is not listed as a Corporate
Officer.)
CORPORATE POWERS. The powers granted to a corporation in its charter, or by the statutes under which it is
created, or such powers as are necessary for the purpose of carrying out its express powers and the object of its
incorporation. 19 Am J2d Corp § 952.
DE FACTO DISSOLUTION. That dissolution of a corporation which takes place, in Substance and in Fact, in the
case of corporations organized for PECUNIARY GAIN, when the corporation, by reason of insolvency or for other
reason, suspends all its operations and goes into Liquidation. Youree v Home Town Mut.lns. Co. 180 Mo 153,
164,79 SW 175. (The Pecuniary Gain was all for the Benefit of the Governmental, Judicial, Money Changers and Servicing
Utility Corporations.)
DISREGARDING CORPORATE ENTITY. Treating a corporation and the individual or individuals owning all its
stock as IDENTICAL; graphically stated, piercing the veil of the corporate entity. Anno: 1 ALR 610; 34 ALR 597.
(You have to Claim your RIGHT of separation of your Church {you as the Individual} and your State {your Entity
as a Corporate E- State}.)
DISSOLUTION OF CORPORATION. The Termination of the existence of the corporation and its utter extinction
and obliteration as an ENTITY or body. 19 Am J2d Corp § 1586.
See de facto dissolution; winding up.
DISTINCT. Clear to the senses or mind; easily perceived or understood; plain; unmistakable. Hill v Norton, 74 W
Va 428, 438, 82 SE 363.
DISTINCTE ET APERTE. Distinctly and openly.
DISTINCTIVELY. Characteristically, or peculiarly; not necessarily exclusively. Western Union Tel. Co. v Green, 153
Tenn 59,281 SW 778, 48 ALR 301,314.
DISTINCTIVE NAME. As defined in the departmental regulations for the enforcement of the provisions of the Food
and Drugs Act of 1906, the term means a trade, arbitrary, or fancy name which clearly distinguishes a food product,
mixture, or compound from any other food product, mixture, or compound. United States v Forty Barrels & Twenty
Kegs of Coca Cola, 241 US 265,286, 60 L Ed 995, 1005, 36 S Ct 573. The later statutes in this field do not contain
the "distinctive name" provisions of the former act. 35 Am J2d Food § 45.
KEY Case LAW ITEM: 2 violations of Law are addressed within – one corporate the Entity
privilege violation and the violation of the Individual person’s RIGHTS. You should now see
how the Courts try to use “DISREGARDING CORPORATE ENTITY”.
DISTINCT OFFENSES. Distinct violations of law, even though they may grow out of the same transaction. The test
of identity of offenses is whether the same evidence is required to sustain them; if not, then the fact that both
charges relate to and grow out of one transaction does not make a single offense where two are defined by the
statutes. Morgan v Devine, 237 US 632, 59 LEd 1153,35 S Ct 712.
ENTITY. An EXISTENCE; a Being, Actual or Artificial. (Brought to Life by BELIEF and attachment to the Living.)
ENTITY OF CORPORATION. See corporate entity.
EXECUTOR. The person nominated by a testator to carry out the directions and requests in his will and to dispose of
the property according to his testamentary provisions after his decease. One to whom a testator has given his goods,
chattels, and personal estate for the purpose of paying all his debts. 21 Am J2d Ex & Ad § 3. It is not to be implied
that in order to name an executor by will, the will must dispose of property. There is an abundance of authority for the
proposition that an instrument properly executed as a will may be probated as a will if it names or nominates an
executor, notwithstanding it does not purport to dispose of any property further than to provide for the payment of
debts which the law would require the personal representative to pay if the estate was intestate. Reeves v Duke, 192
Okla 519, 13 7 P2d 897,147 ALR 634.
FIDUCIA. (Roman law.) A kind of PLEDGE in which a transfer of the goods was made on condition that after
satisfaction of the transferee's claim, he would RETRANSFER them. See Mackeldey's Roman L § 334.
FIDUCIARY. Adjective: Held or founded in trust or confidence. Noun: A trustee, at least where the trust is an express
trust. Svanoe v Jurgens, 144 III 507,513,33 NE 955. The word embraces those and only those who are bound for the
discharge of express trusts-technical trusts, where bond is required to be given by law-and it does not include those
engaged in the execution of trusts springing from contract. Barnard & Co. v Sykes, 72 Miss 297, 302.
FIDUCIARY CAPACITY. The position of one in whom Special Confidence is REPOSED, and who is bound in
equity and good conscience to act in good faith with due regard to the interest of the person Reposing the
confidence. Illinois v Riggins, 8 III 2d 78, 132 NE2d 519, 56 ALR2d 1149. For practical purposes, the capacity in
which a trustee acts. Svanoe v Jurgens, 144 III 507,513,33 NE 955. As the term is used in reference to exception from
 discharge in bankruptcy of debts created in a fiduciary capacity, it has reference to technical or express trust, not to
those trusts which the law implies from a contract or from the position of parties to a transaction. Anno: 16 ALR2d
1152 § 2; 9 Am J2d Bankr § 802.
FIDUCIARY CONTRACT. A Contract which embraces trust and Confidence REPOSED by one party in the other
refers to the integrity and fidelity of the party trusted rather than his credit or ability, and contemplates Good Faith
rather than Legal Obligation. Smith v Vogilvie, 127 NY 143,27 NE 807.
FIDUCIARY RELATION. Often, but perhaps somewhat loosely, considered as the equivalent of confidential relation.
There is a technical distinction between a fiduciary relation and a confidential relation, the former being more
correctly applicable to legal relationships between parties, such as guardian and ward, administrator and heirs, trustee
and cestui que trust, principal and agent, etc., while the latter includes such relationships and also every other
relationship wherein confidence is Rightfully REPOSED and is Exercised. Roberts v Parsons, 195 Ky 274, 242 SW
594.
See confidential relation.
FOREIGN REPRESENTATIVE. An ambassador or other diplomatic officer. A consul. An agent representing his
principal in a foreign country. The status of an EXECUTOR or administrator in a state other than that of the
domicil of the decedent in which he was appointed. An ancillary executor or administrator. Hopper v Hopper, 125
NY 400.
GOOD FAITH. Fairness and equity. The antithesis of fraud and deceit. Acting in the absence of circumstances
placing a man of ordinary prudence on inquiry. Pennington County Bank v First State Bank, 110 Minn 263, 125 NW
119 (accepting a forged check.) Acting with a sincere belief that the accomplishment intended is not unlawful or
harmful to another. Smith v State, 214 lnd 169, 13 NE2d 562 (a physician prescribing a narcotic drug.) Acting in the
belief that a prudent and sensible man would hold in the ordinary conduct of his own business affairs. Kelly v Fourth
of July Mining Co. 21 Mont 291, 53 P 959 (issuance of stock.) Absence of improper motive and of a negligent
disregard of the rights of others. Allen v Pioneer Press Co. 40 Minn 117, 41 NW 936 (rebutting malice in utterance or
publication alleged to be defamatory.) Acting without culpable negligence or a wilful disregard of the rights of others
and in the honest and reasonable belief that the act is RIGHTFUL. Anno: 21 ALR2d 393 (a trespasser upon land
taking property therefrom.)
INTESTATE. The characterization of a person, or of the estate or property of a person, who dies in the status or
condition of intestacy, that is, without leaving a valid and operative will. Re Noble, 194 Iowa 733, 190 NW 511,26
ALR 86. One who dies without leaving a valid and operative will. Kohny v Dunbar, 21 Idaho 258, 121 P 544.
INTESTATE ESTATE. The estate of a person who dies without leaving a valid and operative will.
INTESTATE LAWS. The body of statutes which provide and prescribe the devolution of estates of persons who die
without disposing of their estates by last will or testament. Guiness v State, 40 Wash 2d 677, 246 P2d 433.
REPOSE STATUTE. A Statute of Limitation. 34 Am Jlst Lim Ac § 10. {21 years on your COLB and 7 years on
other contracts.}

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