liability of trustee to 3p

Question 1

liability in contract

Answer 1

CLAW - must be sued in personal capacity unless the contract specifically said that in event of breach could sue as representative

modern - if the other person knows the trustee is entering into teh contract as trustee, then sue as trustee

Question 2

liablity in tort

Answer 2

claw - if trustee is without personal fault, can get indmnietifcaiton from trust assets

modern - trustee is sued in his ind. captaicyt and is perosnally liabile for torts only if the trustee is personally at fault