68-817. LIABILITY TO THIRD PERSONS. (1) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) 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.
(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 and to identify the custodianship in the contract; or
(b) For an obligation arising from control of custodial property or for a tort committed during the custodianship 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.
History:
[68-817, added 1984, ch. 152, sec. 2, p. 364.]
Structure Idaho Code
Title 68 - TRUSTS AND FIDUCIARIES
Chapter 8 - TRANSFERS TO MINORS
Section 68-802 - SCOPE AND JURISDICTION.
Section 68-803 - NOMINATION OF CUSTODIAN.
Section 68-804 - TRANSFER BY GIFT OR EXERCISE OF POWER OF APPOINTMENT.
Section 68-805 - TRANSFER AUTHORIZED BY WILL OR TRUST.
Section 68-806 - OTHER TRANSFER BY FIDUCIARY.
Section 68-807 - TRANSFER BY OBLIGOR.
Section 68-808 - RECEIPT FOR CUSTODIAL PROPERTY.
Section 68-810 - SINGLE CUSTODIANSHIP.
Section 68-811 - VALIDITY AND EFFECT OF TRANSFER.
Section 68-812 - CARE OF CUSTODIAL PROPERTY.
Section 68-813 - POWERS OF CUSTODIAN.
Section 68-814 - USE OF CUSTODIAL PROPERTY.
Section 68-815 - CUSTODIAN’S EXPENSES, COMPENSATION, AND BOND.
Section 68-816 - EXEMPTION OF THIRD PERSON FROM LIABILITY.
Section 68-817 - LIABILITY TO THIRD PERSONS.
Section 68-819 - ACCOUNTING BY AND DETERMINATION OF LIABILITY OF CUSTODIAN.
Section 68-820 - TERMINATION OF CUSTODIANSHIP.
Section 68-821 - APPLICABILITY.
Section 68-822 - EFFECT ON EXISTING CUSTODIANSHIPS.
Section 68-823 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.