(a) (1) Any act of willful misconduct of a minor that results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct.

(2) Subject to the provisions of Subsection (c), the joint and several liability of the parent or guardian having custody and control of a minor under this Subsection shall not exceed Twenty-Five Thousand Dollars ($25,000) for each tort of the minor, and in the case of injury to a person, imputed liability shall be further limited to medical, dental, and hospital expenses incurred by the injured person and attorney fees as allowed by Article 6 of Chapter 26 of 7 Guam Code Ann., not to exceed Twenty- Five Thousand Dollars ($25,000). The liability imposed by this Section is in addition to any liability now imposed by law.

(b) Any act of willful misconduct of a minor that results in the defacement of property of another with paint or a similar substance shall be

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imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs and attorney fees, as allowed by Article 6 of Chapter 26 of 7 Guam Code Ann. to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, not to exceed Twenty-Five Thousand Dollars ($25,000), except as provided in Subsection (c), for each tort of the minor.

(c) The maximum liability imposed by this Section is the maximum liability authorized under this Section at the time that the act of willful misconduct by a minor was committed.

(d) (1) Nothing in this Section shall impose liability on an insurer for a loss caused by the willful act of the insured for purposes of § 18602 of Chapter 18 of 22 Guam Code Ann..

(2) An insurer shall not be liable for the conduct imputed to a parent or guardian by this Section for any amount in excess of Ten Thousand Dollars ($10,000).

(e) Parent or guardian liability, supra, shall not include “”foster parent””
unless there is negligence by said foster parent.

SOURCE: CC § 1716 added by P.L. 050-77 (Mar. 1, 1960); amended by P.L. 08-075 (Aug. 20, 1965). Repealed and reenacted by P.L. 33-126:1 (Mar. 4, 2016).

2016 NOTE: Subitem designations were added to adhere to the Compiler’s general codification and alpha-numeric schemes pursuant to authority granted by 1 Guam Code Ann. § 1606.

NOTE: No 1970 Civil Code §§ 1717-1720 existed.

Title 1 of Part IV of Division 3 of the Civil Code (Sales), §§1721-1800, was repealed by P.L. 13-150 and replaced by appropriate parts of Title 13 of the GCA (Uniform Commercial Code).