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Tort Liability

Tort Liability. Suit against Trustee personally. Trustee personally liable: Own torts, and Torts of employees, agents, etc. Trustee may seek reimbursement or exoneration from the trust property in certain situations. § 114.083 § 114.062. Suit against Trustee in representative capacity.

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Tort Liability

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  1. Tort Liability

  2. Suit against Trustee personally • Trustee personally liable: • Own torts, and • Torts of employees, agents, etc. • Trustee may seek reimbursement or exoneration from the trust property in certain situations. • § 114.083 • § 114.062

  3. Suit against Trustee in representative capacity • Allowed, but only in situations where trustee would be entitled to reimbursement or exoneration.

  4. When Trustee entitled to reimbursement or exoneration • 1. Common incident tort. • 2. Strict liability. • 3. Conversion.

  5. Notice duties of tort plaintiff • Same as for contract plaintiff.

  6. Charitable Immunity • Common law = yes. • Texas as of March 9, 1966 = abolished by Texas Supreme Court opinion, but • Charitable Immunity and Liability Act limits liability in some cases.

  7. Duty of Attorney for Trustee • What should attorney recommend?

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