THE LIABILITY STRUCTURE OF NONPROFIT ASSOCIATIONS: TORT AND FIDUCIARY LIABILITY ASSIGNMENTS
AbstractMembers of unincorporated non profit associations are subject to an array of liability rules that define their contract, tort and fiduciary responsibilities. This liability structure is relatively new to the common law. The contract rules developed first; but only in the nineteenth century. Today the contract rules are largely settled. The tort and fiduciary liability assignments, on the other hand, are less developed, or problematic in certain respects. The author explains how the need to regulate the risk-taking and opportunism of members justifies a particular rule structure for tort and fiduciary responsibility.
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