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Report No. 66

Chapter 12

Husband's Liability for wife's Breach of trust or Devastation

12.1. Section 10.-

The fiction of the unity of the husband and wife led to several rules, and one of the rules pertained to the field of liability of the husband for the wrongs committed by the wife. A species of such (civil) wrongs, is breach of trust or devastation. It was considered necessary to deal specifically with such liability, in section 10. The section reads-

"10. Where a woman is a trustee, executrix or administratrix, either before or after marriage, her husband shall not, unless he acts or intermeddles in the trust or administration, be liable for any breach of trust committed by her, or for any implication, loss or damage to the estate of the deceased caused or made by her, or for any loss to such estate arising from her neglect to get in any part of the property of the deceased."

In a sense, the section constitutes a negation of the rule that the husband is liable for the wife's wrongs.

Married Womens Property Act, 1874 Back

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