Tennessee § 35-7-118 - Liability to third persons.

§ 35-7-118. Liability to third persons.

A claim based on: A contract entered into by a custodian acting in a custodial capacity; An obligation arising from the ownership or control of custodial property; or 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. A custodian is not personally liable: 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 For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault. 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. Acts 1992, ch. 664, § 1; T.C.A. § 35-7-218 . Compiler's Notes. Former part 1, §§ 35-7-101 — 35-7-110 (Acts 1957, ch. 112, §§ 1-10; 1961, ch. 232, § 1; 1963, ch. 65, §§ 1-9; 1968, ch. 600, §§ 1-10; 1972, ch. 612, § 6; 1973, ch. 190, § 1; 1975, ch. 294, § 1; 1976, ch. 393, § 1; 1983, ch. 336, § 1; T.C.A., §§ 35-801 — 35-810), concerning the Uniform Gifts to Minors Act, was repealed by Acts 1992, ch. 664, § 1 effective October 1, 1992. See present § 35-7-125 . For present law see this chapter.