§ 33A-17. Liability to third persons. - North Carolina Statutes

§33A‑17.  Liability to third persons.

(a)        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 thecustodial property by proceeding against the custodian in the custodialcapacity, whether or not the custodian or the minor is personally liabletherefor.

(b)        A custodian may beheld personally liable:

(1)        On a contractproperly entered into in the custodial capacity if the custodian fails toreveal that capacity and to identify the custodianship in the contract; or

(2)        For an obligationarising from control of custodial property or for a tort committed during thecustodianship if the custodian is personally at fault.

(c)        A minor is notpersonally liable for an obligation arising from ownership of custodialproperty or for a tort committed during the custodianship unless the minor ispersonally at fault. (1987, c. 563, s. 2.)