Current through codified legislation effective September 18, 2024
Section 21-317 - 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.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.Uniform Law: This section is based upon § 17 of the Uniform Transfers to Minors Act.