Section 21-317 - Liability to third persons

Liability to third persons

(a) A claim may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable, if a claim is based on the following:

(1) A contract entered into by a custodian acting in a custodial capacity;

(2) An obligation arising from the ownership or control of custodial property; or

(3) A tort committed during the custodianship.

(b) A custodian is not personally liable in the following circumstances:

(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.

CREDIT(S)

(Mar. 12, 1986, D.C. Law 6-87, § 2(a), 33 DCR 278; Mar. 24, 1998, D.C. Law 12-81, § 14(d), 45 DCR 745.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 21-317.
Legislative History of Laws
For legislative history of D.C. Law 6-87, see Historical and Statutory Notes following § 21-301.
For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 21-302.
Uniform Law
This section is based upon § 17 of the Uniform Transfers to Minors Act. See 8B Uniform Laws Annotated, Master Edition, or ULA Database on WESTLAW.

Current through September 13, 2012