Liability In Unincorporated Associations

An unincorporated association is a group that does not have separate legal personality from its members. Unlike the case of a company, there is no separate body with limited liability. The members of an unincorporated association have duties and liabilities to each other that stem from the rules of the association. Sports clubs, local organisations, charitable fundraising groups or community groups very often comprise unincorporated associations.

The liability of members for any wrongdoing by other members of the group varies according to the wrongdoing that has taken place. Liability in unincorporated associations under Irish contract and tort law is summarised below.

Contractual Liability

It is not possible to contract with an unincorporated association itself. Individuals contracting on behalf of an unincorporated association may be personally liable for breaches of the relevant contract or they may be found to be acting as agents for the members, depending on the scenario. Where the rules of an unincorporated association authorise a member to sign a contract on behalf of the unincorporated association, he will sign the contract as agent on behalf of the other members and all of the members will be liable for any breach. Where the management committee has authorised a member to sign a contract as agent on behalf of the unincorporated association, the management committee itself will be liable for any breach. Where a member has signed a contract on...