Part 1Trusts

Chapter 4Contractual rights, damages and the validity of certain transactions and documents

Damages

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

(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.