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This entry was published on 2014-09-22
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SECTION 7-6.17
Liability to third persons
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 7, PART 6
§ 7-6.17 Liability to third persons

(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 (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 therefor.

(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 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.