Breach Of Trust Research Articles

Cryptocurrencies and Code Before the Courts

In the rapidly developing cyber sphere dominated by cryptocurrencies and code, it is perhaps not uncommon for firms to focus on cutting-edge technological developments leaving the law behind as an afterthought. B2C2 Ltd v Quoine Pte Ltd (“B2C2”) may serve as a timely reminder of the importance of the legal principles supporting e-commerce and Fintech. In the first case of its kind, B2C2 raised several key questions before the Singapore International Commercial Court (“SICC”), seeking clarification on how the established legal concepts of breach of trust, mistake and unjust enrichment might apply in the context where an automated contract-forming software had produced unusual results. This decision represents the most comprehensive treatment by a Commonwealth court of the legal nature of cryptocurrencies and automated contract-forming software to date; a harbinger of further and more complex litigation to come, as disputes involving e-commerce and Fintech gradually start to reach the courts.

Can the Construction of Social Credit System Alleviate the Influence of Financing Constraints on the Growth of Enterprises?

The construction of social credit system is an important prerequisite and objective need for the orderly and healthy development of market economy. Through the mechanism of credit information sharing and credit joint reward and punishment mechanism, it reduces information asymmetry and reveals the merits and demerits of social subject credit. It integrates the whole social forces to praise the good faith, punish the breach of trust, and creates a good credit environment. It is a common phenomenon that enterprises are faced with financing constraints which are not conducive to the growth and development of enterprises. This paper examines the influence of the construction of social credit system on the relationship between financing constraints and enterprise growth. It is found that the construction of social credit system can alleviate the adverse effects of financing constraints on the growth of enterprises, which is more obvious in non-state-owned enterprises.

MALADMINISTRATION IN CORRUPTION CASE: A STUDY OF LIMITATION ON THE CRIMINAL ACTION

This study aims to determine the boundaries between implementing a government agency (bestuurhandeling) that harms quality state finances as maladministration or is a criminal act of corruption. Normative juridical research methods. The results of the study show that not all companies are carried out by public officials who are financial sources of corruption. In determining the boundaries between acts of maladministration and acts of the body or government officials must avoid discretionary actions that contain legal ribbons such as: fraud (deception), manipulation, misdirection (misrepresentation), concealment of facts, breach of trust, subterfuge (subfunction), or circumvention of regulations (illegal violations).

Business Judgment Rule and Director’s Occupational Breach of Trust

Business Judgment Rule and Director’s Occupational Breach of Trust

Trustees’ indemnities—is timing everything?

This article explores two aspects of the interplay between the trustee’s right to an indemnity for liabilities incurred towards third parties (‘external liabilities’) and an adverse claim for breach of trust, as raised in the recent Privy Council case of Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd. The first is whether a full indemnity should be granted for external liabilities reasonably assumed, even if they were unreasonably maintained, as the Board held. This article argues that such a conclusion ignores the fact that an award of indemnification reflects the extent to which the trustee is forgiven her stewardship duty. There is therefore a strong case on authority and principle that the entitlement to indemnification should be determined after taking all events, whenever they occur, into account. The second issue is whether the right to indemnity should effectively be enhanced by the existence in the trust deed of an exemption clause for negligence. There is scope for saying, contrary to the apparent view of the Board, that such a clause is (or should be) entirely irrelevant to indemnification, though this is a more nuanced point, which requires further consideration by the courts. For the reasons given in the article, the outcomes on both of these points reflect the current judicial direction of travel in regard to quantifying a trustee’s liability for breach of trust.

MDMA Increases Cooperation and Recruitment of Social Brain Areas When Playing Trustworthy Players in an Iterated Prisoner's Dilemma.

Social decision-making is fundamental for successful functioning and can be affected in psychiatric illness and by serotoninergic modulation. The Prisoner's Dilemma is the archetypal paradigm to model cooperation and trust. However, the effect of serotonergic enhancement is poorly characterized, and its influence on the effect of variations in opponent behavior unknown. To address this, we conducted a study investigating how the serotonergic enhancer 3,4-methylenedioxy-methamphetamine (MDMA) modulates behavior and its neural correlates during an iterated Prisoner's Dilemma with both trustworthy and untrustworthy opponents. We administered 100 mg MDMA or placebo to 20 male participants in a double-blind, placebo-controlled, crossover study. While being scanned, participants played repeated rounds with opponents who differed in levels of cooperation. On each round, participants chose to compete or cooperate and were asked to rate their trust in the other player. Cooperation with trustworthy, but not untrustworthy, opponents was enhanced following MDMA but not placebo (respectively: odds ratio = 2.01; 95% CI, 1.42-2.84, p < 0.001; odds ratio = 1.37; 95% CI, 0.78-2.30, not significant). Specifically, MDMA enhanced recovery from, but not the impact of, breaches in cooperation. During trial outcome, MDMA increased activation of four clusters incorporating precentral and supramarginal gyri, superior temporal cortex, central operculum/posterior insula, and supplementary motor area. There was a treatment × opponent interaction in right anterior insula and dorsal caudate. Trust ratings did not change across treatment sessions. MDMA increased cooperative behavior when playing trustworthy opponents. Underlying this was a change in brain activity of regions linked to social cognition. Our findings highlight the context-specific nature of MDMA's effect on social decision-making.SIGNIFICANCE STATEMENT We provide a detailed analysis of the effect of 3,4-methylenedioxy-methamphetamine (MDMA) on cooperative behavior during interpersonal interactions, as well as the neural correlates underlying these effects. We find that, following administration of MDMA, participants behave more cooperatively, but only when interacting with trustworthy partners. While breaches of trustworthy behavior have a similar impact following administration of MDMA compared with placebo, MDMA facilitates a greater recovery from these breaches of trust. Underlying this altered behavior are changes in brain activity during the viewing of opponents' behavior in regions whose involvement in social processing is well established. This work provides new insights into the impact of MDMA on social interactions, emphasizing the important role of the behavior of others toward us.

Organizational recidivism’ and trust repair: a story of failed detectives

Purpose Over the last decade, trust repair has become an important theoretical and practical concern in HRM. The purpose of this paper is to explain why organisations fail to repair their stakeholders’ trust following a series of trust breaches. Design/methodology/approach Archival data is used to investigate the Royal Bank of Scotland (RBS). Using the analytical frame of the detective novel, the authors analyse reputational scandals in RBS, and in doing so, they explore the interweaving of two stories: the story of the “crime” (the bank's actions which led to breaches of trust) and the story of the “detectives” (parliamentary, regulatory and press investigators). Findings Based on their analysis, the authors argue that the organisation's failure to repair trust is associated with ineffective detection of what went wrong in the bank and why. Practical implications HR practitioners dealing with similar situations should understand the complicated and unfolding nature of repeated transgressions, and the reasons why previous trust repair efforts may have failed. Social implications An organisation may be showing willingness to accept responsibility for the violation of trust, but while new transgressions happen, trust repair efforts may fail. Therefore, what is needed in organisations is a longitudinal analysis that takes into account organisational history, including earlier wrongdoings. Originality/value The paper is one of the few analysing trust repair from a process perspective and using the metaphor of the detective novel to provide insights into organizational reintegration.

주식회사의 이사에 대한 배임죄 적용에 관한 연구

주식회사의 이사에 대한 배임죄 적용에 관한 연구

TINJAUAN YURIDIS MENGENAI BATASAN ANTARA PERBUATAN MALADMINISTRASI DENGAN TINDAK PIDANA KORUPSI

The aim of this resecearch is to determine about the limitations between the act of goverment officials (bestuurhandelingen) that inflict state financial loss qualified as a maladministration or a corruption offence. The research method used is Juridical Normative. The result of the study show that, not every act of goverment officials that inflict state financial loss qualified as a corruption offence. In determine of the limits between maladministration act and corruption offence, the government officials must avoid itself from acts of discretion that containing the nuances of criminal law such as: cheating (deceit), manipulation, mispresentation, concealment of facts, breach of trust, subterfuge, or illegal circumvention.

The inefficiency of the justice in Portugal: Causes and consequences

Given the breach of trust that the justice system in Portugal is facing, it is fundamental to analyse the reasons why the judicial system is considered inefficient. This study contributes to the identification of the underlying factors that contribute most to the inefficiency of justice in Portugal by analysing the frequency of the most relevant contents enunciated by the participants. The survey consists of two parts: the first consists of the following socio-demographic variables: occupation, region, age, gender and remuneration; the second consists of an open question, to which participants can state which factors contribute most to the ineffectiveness of justice in Portugal. The answers obtained were submitted to a content analysis with the aim of identifying the content underlying the inefficiency of justice in Portugal, with 18 subcategories emerging according to the contents expressed by the participants. In this way, the way above all of simplification, justice will go to what really matters: efficiency, celerity and transparency.Keywords: Justice, inefficiency, transparency, judicial systems

Why content matters. Zuckerberg, Vox Media and the Cambridge Analytica data leak

Following a major data breach scandal, Facebook CEO Mark Zuckerberg found himself at the center of a heated privacy row. The personal Facebook profiles of over 87 million users were unethically “harvested” by a Cambridge professor, using a deceptive personality quiz app and a web “scraper.” The rich data set was then transferred to Cambridge Analytica, a British political consulting firm, which used it to build models of voting behavior and influence voters in Donald Trump’s 2016 Presidential Campaign. Zuckerberg was held accountable for the leak. He offered vague apologies for the “breach of trust” that had occurred but refused to take the blame for data misuse. This article examines his line of defense and subtle evasion tactics, from a cognitive linguistics and gesture studies perspective.

Employee Surveillance: The Road to Surveillance is Paved with Good Intentions

Employee surveillance was for some while the Cinderella sister of surveillance studies: neither as outright shocking to citizens as state surveillance in the post Snowden era, nor as ubiquitously discussed as consumer targeting and profiling in the “surveillance capitalism” ecology of social media, search and e-commerce platforms like Google, Facebook, Amazon et al. Yet employee surveillance is increasingly universal, both at hiring stages and after work has commenced, and often dominates selection, promotion and firing. Much publicity has particularly recently surrounded surveillance in the “gig economy”. Employee surveillance has become a perfect storm of convergence of establ;ished technologies, such as CCTV and email and Web interception, with more recent developments such as tracking via connected devices (cars, wearables, phones et al) and algorithmic profiling and prediction. We (a) propose a novel five-stage model of employee surveillance and then (b) present a fortuitous case study which demonstrates how technologies introduced into the workplace for beneficial reasons may morph via function creep into privacy invasive tools of surveillance. The recent academic (UCU) strike action in the UK threw up a highly combative environment where some universities are attempting to “strike break” by replacing, without new permission or consent, striking academics with recordings of their lectures made in previous years, usually for laudable motivations such as widening access and allowing students to revise. On examination, this practice of mandated lecture capture, unchallenged when used to help students but now under examination when its use is transformed, is often of dubious legality, both with reference to copyright and data protection, as well as overarching privacy rights and the relationship of trust and confidence between employee and employer. Furthermore, evidence is emerging that some universities are without publicity using lecture capture as a surveillance mechanism to grade or intimidate academics, or as a means to covertly replace them entirely. Serendipitously a recent ECtHR case, ANTOVIC AND MIRKOVIC v. MONTENEGRO (Application no. 70838/13) (28 November 2017) provides some ammunition with which to dispute these transformative and unsettling re-uses of recorded lectures. Finally, we consider the negative consequences of such non-permissioned re-use, which includes not just breach of trust to academics and depreciation of the employment relationship, but withdrawal from positive uses of surveillance techniques such as widening participation and enabling access.

부동산 이중매매의 배임죄 인정여부

부동산 이중매매의 배임죄 인정여부

Dynamics of Simultaneous and Imitative Bodily Coordination in Trust and Distrust.

Body synchronization between interacting people involves coordinative movements in time, space and form. The introduction of newer technologies for automated video analysis and motion tracking has considerably improved the accurate measurement of coordination, particularly in temporal and spatial terms. However, the form of interpersonal coordination has been less explored. In the present study we address this gap by exploring the effect of trust on temporal and morphological patterns of interpersonal coordination. We adapted an optical motion-capture system to record spontaneous body movements in pairs of individuals engaged in natural conversations. We conducted two experiments in which we manipulated trust through a breach of expectancy (Study 1: 10 trustful and 10 distrustful participants) and friendship (Study 2: 20 dyads of friends and 20 dyads of strangers). In Study 1, results show the participants' strong, early mirror-like coordination in response to the confederates' breach of trust. In Study 2, imitative coordination tended to be more pronounced in pairs of friends than in pairs of non-friends. Overall, our results show not only that listeners move in reaction to speakers, but also that speakers react to listeners with a chain of dynamic coordination patterns affected by the immediate disposition of, and long-term relationship with, their interlocutors.

Beyond Ability-Benevolence-Integrity: Trust Violations Across Cultures and Moral Foundations

The study of interpersonal trust in organizations has largely relied on the framework developed by Mayer, Davis, and Schoorman (1995). The framework proposes ability, benevolence, and integrity as the bases of trustworthiness perceptions of trustors. However, given the Western bias in sampling and theory development, integrity and benevolence, which rely on an understanding of morality that prioritizes fairness and justice concerns on the one hand and harm and welfare concerns on the other hand may be overly restrictive. Using the Moral Foundations Theory developed by Jonathan Haidt and colleagues, the authors review critical incidents by working adults from Turkey (n=112), Singapore (n=98), and the United States (n=95) to qualitatively explore and show that trust breaches may also develop as a result of moral imperatives concerning ingroup/loyalty, authority/respect, and purity/sanctity.

Investec v Glenalla: trusts and private international law in the Privy Council

On 23 April 2018, the Privy Council handed down judgment in the case of Investec Trust (Guernsey) Limited and another v Glenalla Properties Limited and others [2018] UKPC 7. The judgment has a number of important implications for trustees and their counter-parties in relation to questions of trustees’ liability. The Privy Council also dealt with aspects of private international law with implications that reach beyond the trust industry. A number of other issues were raised in the case, including in relation to restitution, contractual construction, the interpretation of Article 26 of the Trusts (Jersey) Law 1984 (TJL) concerning a trustee’s indemnity for reasonably incurred liabilities and claims for breach of trust. This article deals only with those aspects relating to Article 32 TJL.

Suicidal and Aggressive Ideation Associated with Feelings of Embitterment

Background: Mental disorders can be associated with suicidal or aggressive ideation and behavior, especially in the context of embitterment. The aim of this study is to investigate the types, prevalence, and dangerousness of aggressive and suicidal ideations associated with embitterment. Methods: When therapists from the department of behavioral medicine detected signs of embitterment, aggression, or suicidal thoughts in their patients, they routinely filled out a questionnaire on aggressive ideation, assessed the embitterment, and contacted a senior psychiatrist. Additionally, patients answered an embitterment scale. Results: There were 127 patients (3.84% of all patients) with suicidal and/or aggressive ideation. They had an increased score of 2.93 (SD 0.74) on the embitterment scale, associated with personal vilification (62.7%), breach of trust (30.2%), public humiliation (25.4%), death/loss (5.6%), or attacks by another person (14.3%). We found that 83.5% of the patients harbored aggressive ideations; in 94.1% of this group, these were directed against the person who had caused the problem, 88.3% wanted to inflict severe damage, 38.8% to harm another person, 31.5% showed suicidal ideation, and 3.2% had fantasies of murder-suicide. Only 34.3% of the patients reported spontaneously about their current aggressive ideation. The limitations of the study are that the data come from an inpatient sample and patients were identified according to clinical judgement. Conclusion: Aggressive ideation is regularly associated with embitterment. This deserves the attention of therapists for the prevention of aggressive acts.

The right of resistance in Richard Price and Joseph Priestley

ABSTRACTThis article is concerned with the writings on resistance by Richard Price and Joseph Priestley, the leaders of the Rational Dissenters who supported the American and French Revolutions, from the late 1760s to 1791. The article discusses the differences between Rational Dissent and mainstream (Court) Whig resistance theory, as regards history in particular: the Dissenters viewed the Glorious Revolution as a lost opportunity rather than a full triumph and claimed the heritage of the Puritan opposition to Charles I, some of them justifying the regicide. Price's and Priestley's views on resistance are assessed against the benchmark of John Locke's conception of the breach of trust. While both thinkers presented themselves as followers of Locke, they departed from his thought by their emphasis on the constantly active role of the people. Each in their own way, they also argued that early, possibly peaceful, resistance was preferable to violent resistance as a last resort against a tyranny. In the end, Price and Priestley each articulated an original theory derived from Locke; their views were very close and their main difference concerned the treatment of history, Price's caution contrasting with Priestley's justification of tyrannicide.

Influence of Peers’ Types of Trust on Trust Repair: The Role of Apologies

This study aims to answer the question how previous trust experiences contextualize trust repair efforts. The concepts of calculus-based and relational trust are utilized to show the influence of the kind of trust on trust repair tactics, specifically apologies. We focus on a neglected referent of trust, that is trust between peers, and elucidate apology and its complements that might be effective between peers. We propose that the effectiveness of apologies and its specific complements depend not only on trust breach but also on the type of trust prior to a breach. Specifically, we claim that when apology is complemented with compensation or external attributions, these tactics repair trust more effectively in calculus-based trust. But, when apology is complemented with empathy, acknowledgment of violated norms, and extensive involvement, these tactics can effectively repair trust in relational trust. The paper aims to contribute to our understanding of apologies and the effectiveness of it under different conditions.

Islamic Perspective on Human Development Management: A Philosophical Approach

The conventional human development management sees human as homo economicus, or economic man. By such worldviews, it has cause corruption issues such as bribery, breach of trust and misconduct happened among institution members. It is different from the context of Islamic philosophy which sees the human development management holistically. Therefore, this paper consists of two objectives. First, to identify the concept of human development management. Second, to analyse the human development management from the Islamic perspective, philosophically. The paper employed methods of document research and content analysis. The paper found that human development management from Islamic perspective can be seen from three aspects. First, the ontological aspect which makes the monotheism (tawhid) as the mould. Second, the epistemological aspect which views human from the perspective of Qur’an. Third, the axiological aspect that applies values like courtesy (ihsan), trust (amanah), and consultation (shura). In conclusion, the emphasis of the philosophical aspects from Islamic perspective on human development management is important to overcome the moral deterioration and personality issues that happened among institution members.