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Trust laws

(Querist) 27 December 2012 This query is : Resolved 
1. Can trustees of a public charitable trust held liable for the wrongful civil or criminal acts of the trust employees?? and

can trustees be liable for medical negligence by the doctor of trust hospital???
R.K Nanda (Expert) 27 December 2012
state full facts, if any.
Priyanka Vijay (Querist) 27 December 2012
Sir.

When a hospital is operated by charitable trust and if any of its employee does anything wrong like breach of his duties towards beneficiaries. or

Doctor Commits medical negligence towards patients, then in such conditions can trustees of the trust be liable?
Devajyoti Barman (Expert) 27 December 2012
The Trust in general can be liable for compensation in case of medical negligence of the Doctors if the treatment was not free of costs.
The person on management of trust including the Trustees would be vicariously liable for criminal acts of the Trusts .
Priyanka Vijay (Querist) 28 December 2012
Devajyoti Barman Sir, could you please tell me under which laws trustees can be liable??
Devajyoti Barman (Expert) 28 December 2012
Under Contract Act of India.
The relationship between MASTER AND AGENT.
Raj Kumar Makkad (Expert) 31 December 2012
Criminal liability cannot be shifted. If any employee criminally has done wrong, action can be taken only against him and not against trustees and for civil liability also, the trustees are in person not liable rather trust may be liable but it depends upon the facts of the matter.
Priyanka Vijay (Querist) 31 December 2012
Thank you Mr. Makkad for replying.


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