Washington Code 11.114.170 – Liability to third persons
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(1) A claim based on:
Terms Used In Washington Code 11.114.170
- Contract: A legal written agreement that becomes binding when signed.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(a) A contract entered into by a custodian acting in a custodial capacity;
(b) An obligation arising from the ownership or control of custodial property;
(c) 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; or
(d) A noncontractual obligation, including obligations in tort, is collectible from the custodial property only if:
(i) The obligation was a common incident of the kind of business activity in which the custodian or the custodian’s predecessor was properly engaged for the custodianship;
(ii) Neither the custodian nor the custodian’s predecessor, nor any officer or employee of the custodian or the custodian’s predecessor was personally at fault in incurring the obligation; or
(iii) Although the obligation did not fall within (d)(i) or (ii) of this subsection, the incident that gave rise to the obligation increased the value of the custodial property.
If the obligation is within (d)(i) or (ii) or [of] this subsection, collection may be had of the full amount of damage proved. If the obligation is within (d)(iii) of this subsection, collection may be had only to the extent of the increase in the value of the trust property.
(2) A custodian is not personally liable:
(a) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity. The addition of the words “custodian” or “as custodian” after the signature of a custodian is adequate revelation of this capacity; or
(b) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodial property is not liable for the obligation under *(b) of this subsection and unless the custodian is personally at fault.
(3) 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.
[ 1991 c 193 § 17.]
NOTES:
*Reviser’s note: The reference to (b) of this subsection appears erroneous. Reference to subsection (1)(b) of this section was apparently intended.