KANSAS STATUTES AND CODES

38-1718. Liability to third persons.

38-1718

Chapter 38.--MINORS Article 17.--UNIFORM TRANSFERS TO MINORS ACT

38-1718. Liability to third persons.(a) A claim based on (i) acontract 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 againstthe custodial property by proceeding against the custodian in the custodialcapacity, 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 unlessthe custodian fails to reveal that capacity and to identify thecustodianship in the contract; or

(2) for an obligation arising from control of custodial property or fora tort committed during the custodianship unless the custodian is personally at fault.

(c) A minor is not personally liable for an obligation arising fromownership of custodial property or for a tort committed during thecustodianship unless the minor is personally at fault.

History: L. 1985, ch. 143, § 17; July 1.