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Missouri Revised Statutes Title XXVI. Trade and Commerce § 404.610. Liability to third persons

Current as of January 01, 2023 | Updated by FindLaw Staff

1. A claim based on: (i) a contract entered into by a personal 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 personal custodianship, may be asserted against the custodial property by proceeding against the personal custodian in the custodial capacity.

2. A personal custodian is not personally liable:

(1) On a contract properly entered into in the custodial capacity unless the personal custodian fails to reveal that capacity and to identify the personal custodianship in the contract; or

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

3. A beneficiary is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the personal custodianship unless the beneficiary is personally at fault.

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Cite this article: FindLaw.com - Missouri Revised Statutes Title XXVI. Trade and Commerce § 404.610. Liability to third persons - last updated January 01, 2023 | https://codes.findlaw.com/mo/title-xxvi-trade-and-commerce/mo-rev-st-404-610/

Read this complete Missouri Revised Statutes Title XXVI. Trade and Commerce § 404.610. Liability to third persons on Westlaw. Westlaw subscription required.

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