Terms Used In 10 Guam Code Ann. § 19804

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
(a) Immunity. Neither the government of Guam, nor, except in cases of gross negligence or willful misconduct, I Maga=lahen Guåhan [The Governor] , the public health authority or any other government or local official referenced in this Chapter, is liable for the death of or any injury to persons, or damage to property, as a result of complying with or attempting to comply with this Chapter, or any rule or regulations promulgated pursuant to this Chapter during a state of public health emergency.

(b) Private Liability.

(1) During a state of public health emergency, any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons, together with that person=s successors in interest, if any, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission, or for negligently causing loss of, or damage to, the property of such person.

(2) During a state of public health emergency, any private person, firm or corporation and employees and agents of such person, firm or corporation in the performance of a contract with, and under the direction of, the government of Guam or its political subdivisions under the provisions of this Chapter shall not be civilly liable for causing the death of, or injury to, any person or damage to any property, except in the event of gross negligence or willful misconduct.

(3) During a state of public health emergency, any private person, firm or corporation, and employees and agents of such person, firm or corporation, who renders
assistance or advice at the request of the government of Guam or its political subdivisions under the provisions of this Chapter shall not be civilly liable for causing the death of, or injury to, any person or damage to any property, except in the event of gross negligence or willful misconduct.

(4) The immunities provided in this Subsection shall not apply to any private person, firm, or corporation or employees and agents of such person, firm, or corporation whose act or omission caused in whole or in part the public health emergency, and who would otherwise be liable therefor.