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Bad faith
Intent to deceive. A description of conduct by a contracting party that is contrary to community expectations, in that it is outrageous given the relationship between the parties. A person who intentionally tries to deceive or mislead another in order to gain some advantage.
Bail
The release of a person charged with criminal offences from legal custody into the custody of a person acting as surety upon the condition that the released person returns to the court at a later date. If the released person fails to return the surety risks the loss of the security which must be deposited at the time of the release.Bailee
The person who receives property through a contract of bailment, from the bailor, and who may be committed to certain duties of care towards the property while it remains in his or her possession.
Bailment
The delivery of goods by one person, referred to as the bailor, to another person, referred to as the bailee, upon the agreement that the goods will be returned to the bailor at a future date.
Bailor
A person who delivers goods to a bailee under a bailment.
Balance of convenience
The determining of whether or not an action should be taken. In reaching a conclusion as to whether or not an action should be taken a court will consider the inconvenience that will be caused by that course of action to each of the parties involved.
Balance of probabilities
The standard of proof required to be met in order for the plaintiff to prove his or her case in civil proceedings. In criminal proceedings the balance of probabilities is the standard that must be met if there is an onus placed on the defendent to prove a fact in question.
Bankruptcy
The statutory process whereby the property of a bankrupt is placed in the possession of a trustee.
Bare trust
A trust where the trustee is obliged to distribute the property of the trust as the beneficiaries request. The trustee in such instances does not possess any beneficial interest in the property and his or her only duty is the conveyance of the trust property.
Bare trustee
A trustee whose duty it is to convey the property of a bare trust. Such a trustee has no interest over the trust property.
Beneficiary
1. A person who, by being in a particular kind of legal relationship, receives or is to receive a benefit, profit, or advantage.
2. A person who is entitled to receive the benefit of a testamentary disposition; a person having a beneficial interest in property; a person with an interest in a will or an intestate estate.
3. A beneficial owner of property who does not hold the legal title, but for whose benefit the legal title is held by a trustee under a trust arrangement. A beneficiary holds an equitable interest in the property and can deal with this beneficial interest as an owner. The beneficiary may take possession of the trust property where the trustee has no active duties to perform, compel performance of the trust, restrain a breach of trust, or approach the court for a determination of questions of construction and administration of the trust. A beneficiary need not be born when the trust is created. Also known as ‘cestui que trust’.
Beyond reasonable doubt
The standard of proof required to be met in order for the prosecution to prove his or her case in criminal proceedings. The court must be satisfied beyong reasonable doubt that the prosecution has proven all of the elements of the crime.
Body corporate
An entity derived and regulated by strata titles legislation. A body corporate is constituted by the owners of the lots involved.
Bona
Latin - goods, property; the entirety of the property of an individual.
Bona fide
Latin - in good faith; with sincerity. To do something in good faith or with an honest intention.
Bona fides
Latin - good faith; honest intention; absence of intent to defraud; absence of deliberate wrongdoing.
Breach of confidence
A disclosure of information which was obtained in confidence.
Breach of contract
The failure to abide by the terms of a contract. This can take the form of a refusal to perform; performance which is deficient; or the placing of one's self in circumstances where they are unable to perform.
Breach of trust
The lack of performance of the duties of a trustee.
Brief
A summary prepared by a solicitor of all the necessary information required by a barrister to present a case in court.
Burden
A legal obligation.
By-law
Legislation arising from local government.

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