Liability to third person
Sec. 32. (a) A claim based on:
(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 both; or
(3) a tort committed during the custodianship;
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.
(b) A custodian is not personally liable:
(1) on a contract properly entered into in the custodial capacity
unless the custodian fails to reveal that capacity and fails 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.
As added by P.L.267-1989, SEC.2.
Last modified: May 27, 2006