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Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Personal Liability of Members

Volume 2 . Chapter 6 . § 6-01.2
Key point 6-01.2. The traditional rule is that members of an unincorporated association are personally liable for the acts of other members committed within the course of association activities. Some courts have modified or rejected this rule.

Since an unincorporated association could not sue or be sued under the traditional rule, it was assumed that an association's members were personally responsible for the acts of other members committed in the course of the association's business. One court stated the general rule as follows:

The members of an unincorporated association are engaged in a joint enterprise, and the negligence of each member in the prosecution of that enterprise is imputable to each and every other member, so that the member ...

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