Legal Definitions - break

In legal contexts, the term "break" carries several distinct meanings, generally referring to the violation of a rule, the invalidation of a legal document, or unauthorized entry or departure.

• To Violate or Disobey a Law, Rule, or Agreement

  This refers to the act of failing to comply with a legal requirement, regulation, or the terms of a contract.

  • Example 1: A driver exceeds the posted speed limit on a highway.

    Explanation: The driver has broken the traffic law by operating their vehicle at a speed greater than legally permitted.

  • Example 2: A company fails to deliver goods to a customer by the agreed-upon date, as stipulated in their sales contract.

    Explanation: The company has broken the contract by not fulfilling its obligation according to the established terms and timeline.

  • Example 3: An individual uses copyrighted music in a commercial advertisement without obtaining the necessary license from the copyright holder.

    Explanation: This action breaks copyright law, as it involves unauthorized use of protected intellectual property.

• To Nullify or Invalidate a Will by Court Order

  This describes the process where a court declares a last will and testament to be legally unenforceable, often due to a successful challenge by an interested party.

  • Example 1: After a person's death, their estranged daughter presents evidence to the court that her father lacked the mental capacity to understand his actions when he signed his will, which disinherited her.

    Explanation: If the court agrees, it could break the will, meaning it would be deemed invalid, and the estate might then be distributed according to previous wills or intestacy laws (rules for dying without a valid will).

  • Example 2: A beneficiary successfully argues in court that the deceased was unduly influenced by a caregiver into changing their will shortly before their death, leaving the bulk of the estate to the caregiver instead of family members.

    Explanation: The court may decide to break the contested will, ruling it invalid due to the improper influence exerted on the deceased.

• To Escape from a Place of Confinement Without Permission

  This refers to the act of unlawfully departing from a facility where one is legally detained or imprisoned.

  • Example 1: An inmate manages to bypass security measures and flee from a state penitentiary.

    Explanation: The inmate has broken out of prison, committing the additional crime of escape.

  • Example 2: A minor held in a juvenile detention center finds a way to leave the premises without authorization from staff.

    Explanation: The minor has broken out of the detention center, violating the terms of their confinement.

• To Enter Property Illegally, Often by Force

  This describes the act of unlawfully gaining entry to a building or enclosed property, frequently involving overcoming a physical barrier.

  • Example 1: An individual forces open a locked window to gain entry into a commercial building after hours with the intent to steal merchandise.

    Explanation: This act constitutes breaking into the building, which is a key element of the crime of burglary.

  • Example 2: A trespasser cuts through a fence to access a private, undeveloped plot of land that is clearly marked with "No Trespassing" signs.

    Explanation: By forcibly entering the enclosed property, the individual has broken the close, committing an act of criminal trespass.