joint and several liability

(redirected from Jointly liable)
Also found in: Medical, Financial.

Joint and Several Liability

A designation of liability by which members of a group are either individually or mutually responsible to a party in whose favor a judgment has been awarded.

Joint and several liability is a form of liability that is used in civil cases where two or more people are found liable for damages. The winning plaintiff in such a case may collect the entire judgment from any one of the parties, or from any and all of the parties in various amounts until the judgment is paid in full. In other words, if any of the defendants do not have enough money or assets to pay an equal share of the award, the other defendants must make up the difference.

Defendants in a civil suit can be held jointly and severally liable only if their concurrent acts brought about the harm to the plaintiff. The acts of the defendants do not have to be simultaneous: they must simply contribute to the same event. For example, assume that an electrician negligently installs an electrical line. Years later, another electrician inspects the line and approves it. When the plaintiff is subsequently injured by a short circuit in the line, the plaintiff may sue both electricians and hold them jointly and severally liable.

Joint and several liability can also arise where a Husband and Wife or members of an organization owe the government income taxes. In such cases, the revenue agency may collect on the debt from any and all of the debtors. In a contractual situation, where two or more persons are responsible for the same performance and default on their obligations, a nondefaulting party may hold any and all parties liable for damages resulting from the breach of performance.

A small number of states do not strictly follow the doctrine of joint and several liability. In such jurisdictions, called comparative Negligence jurisdictions, liability is prorated according to the percentage of the total damages attributable to each defendant's conduct.

joint and several liability

noun absolute, abstruse, across-the-board, aggregate, all-embracing, all inclusive, all-out, bewildering, chaotic, circuitous, clear, collective, combined, complete, complicated, composite, confused, convoluted, difficult, downright, elaborated, enigmatic, entangled, entire, exhaustive, explicit, express, extended, extensive, flexuous, full, gradely, gross, impenetrable, implicated, inclusive, in-depth, individually and collectively liable, individually and mutually liable, inextricable, inscrutable, integral, interlaced, interwoven, intricate, involuted, involved, jumbled, kaleidoscopic, knotted, labyrinthine, muddied, multiplex, obscure, out-and-out, outright, perplexing, plenary, radical, rank, recondite, sheer, sinuous, snarled, straight-out, sweeping, tangled, teetotal, thorough, together or separate, tortuous, unambiguous, unarranged, unclassified, unconditional, undecipherable, unequivocal, unfathomable, universal, unmitigated, unorganized, unqualified, unreserved, utter, varied, whole, widespread
Associated concepts: ostensible principal

joint and several liability

liability where a person can be sued jointly with others or individually for the whole sum, leaving it to the person sued to recover from the others with whom he is jointly liable. For example, every partner is jointly liable with his co-partners and also severally liable for everything for which the firm becomes liable while he is a partner.
References in periodicals archive ?
In a press statement, the Ministry pointed out the law allows a consumer to replace or return a defected product within 14 days of purchase (provided that it is not a rapidly perishable good) and further states that vendors and suppliers are jointly liable in such respect.
For decades, the NLRB had consistently held that in order for two entities to be considered joint employers and therefore jointly liable for certain employee matters, both had to share or codetermine matters governing the essential terms and conditions of employment AND exercise "direct and immediate" control over the employees.
Mr Rapetti was a party to what Mr Ehima did and therefore is jointly liable.
Content of the transaction: In accordance with the guarantee agreement the Guarantor shall be jointly liable to the Creditor for the proper fulfillment of obligations by the Borrower under the Credit agreement executed on the following terms:
Under Qatar's Civil Code, contractors and engineers (including architects) are jointly liable for a decade if a building or fixed installation collapses fully or partially, or if there are defects in the building or installation that threaten its sturdiness or safety.
There were no steps put in place to prevent the harassment or to punish the offender and the company was therefore deemed jointly liable with the line manager.
Both were held jointly liable for misusing private information in a High Court decision in February.
One thing that should not be ignored is any notice sent by the property management company or by the manager (if there is no company but the management is done by one appointed manager), as it may serve as proper evidence in court to show that the fees were not paid and the sufficient number of notices were served to the owner/tenant (who are usually jointly liable in such cases) in this regard.
This means that you could get extra peace of mind if an item is faulty or if the retailers do not deliver what they have promised as the credit card providers could be held jointly liable for the loss.
This means that you could get extra peace of mind if an item is faulty or if the retailer does not deliver what it has promised as the credit card provider could be held jointly liable for the loss.
Section 75 can make credit card providers jointly liable for breaches of contract with a trader when consumers make a card purchase.