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Section 41 Delictual liability: trustee’s right of relief against other trusteesI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subsection (2) applies where a body of trustees incurs delictual liability but none of them incurs personal liability as respects the delict.

(2)

Each trustee has a right of relief against the other trustees jointly and severally.

(3)

Subsection (2) is subject to section 3(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (which provides for contributions to be in such proportions as are deemed just).

(4)

This section applies—

(a)

irrespective of when the trust was created, but

(b)

only as respects liability incurred after the section comes into force.

Annotations

Commencement

I1

S. 41 not in force at Royal Assent, see s. 88(3)