| | | 2.__Beneficiary did not know rights.__At the time of the | | consent, release or ratification, the beneficiary did not know of | | the beneficiary's rights or of the material facts relating to the | | breach. |
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| | | §1010.__Limitation on personal liability of trustee |
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| | | 1.__Not personally liable on contract; exception.__Except as | | otherwise provided in the contract, a trustee is not personally | | liable on a contract properly entered into in the trustee's | | fiduciary capacity in the course of administering the trust if | | the trustee in the contract disclosed the fiduciary capacity. |
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| | | 2.__Personally liable for torts.__A trustee is personally | | liable for torts committed in the course of administering a | | trust, or for obligations arising from ownership or control of | | trust property, including liability for violation of | | environmental law, only if the trustee is personally at fault. |
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| | | 3.__Claim against trustee in fiduciary capacity.__A claim | | based on a contract entered into by a trustee in the trustee's | | fiduciary capacity, on an obligation arising from ownership or | | control of trust property or on a tort committed in the course of | | administering a trust, may be asserted in a judicial proceeding | | against the trustee in the trustee's fiduciary capacity, whether | | or not the trustee is personally liable for the claim. |
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| | | §1011.__Interest as general partner |
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| | | 1.__Not personally liable on contract.__Except as otherwise | | provided in subsection 3 or unless personal liability is imposed | | in the contract, a trustee who holds an interest as a general | | partner in a general or limited partnership is not personally | | liable on a contract entered into by the partnership after the | | trust's acquisition of the interest if the fiduciary capacity was | | disclosed in the contract or in a statement previously filed | | pursuant to the Uniform Partnership Act or the Maine Revised | | Uniform Limited Partnership Act. |
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| | | 2.__Not personally liable for torts.__Except as otherwise | | provided in subsection 3, a trustee who holds an interest as a | | general partner is not personally liable for torts committed by | | the partnership or for obligations arising from ownership or | | control of the interest unless the trustee is personally at | | fault. |
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| | | 3.__Exceptions to immunity.__The immunity provided by this | | section does not apply if an interest in the partnership is held | | by the trustee in a capacity other than that of trustee or is | | held by the trustee's spouse or one or more of the trustee's |
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