Prospective
41Delictual liability: trustee’s right of relief against other trusteesS
(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.
Commencement Information
I1S. 41 not in force at Royal Assent, see s. 88(3)