joint and several


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Related to joint and several: Jointly and severally, Severally liable

joint and several

adj. referring to a debt or a judgment for negligence, in which each debtor (one who owes) or each judgment defendant (one who has a judgment against him/her), is responsible (liable) for the entire amount of the debt or judgment. Thus, in drafting a promissory note for a debt, it is important to state that if there is more than one person owing the funds to be paid, the debt is joint and several, since then the person owed money (creditor, promisee) can collect the entire amount from any of the joint signers of the note, and not receive more than a share from each debtor. If a party injured in an accident sues several parties for causing his/her damages, the court may find that several people were "jointly" negligent and contributed to the damages. The entire judgment may be collected from any of the defendants found responsible, unless the court finds different amounts of negligence of each defendant contributed to the injury. Defense attorneys should require the trier of fact (jury or judge sitting without a jury) to break down the amount of negligence of each defendant and the plaintiff if there is contributory negligence. Often the court will refuse to do so, allowing the plaintiff to collect from whichever defendant has the "deep pocket" (lots of money), and letting the defendant who pays demand contributions from the other defendants. (See: joint, contributory negligence, comparative negligence, contribution)

joint and several

adjective absolute and individdal, all-encompassing and individual, blanket and individdal, complete, comprehensive and individual, each and every and individual, entire and individual, full and individdal, global and individual, omnibus and individual, the sum of total and individual, undivided and individual, universal and individual, wholly and individual
Associated concepts: 
See also: in solido
References in periodicals archive ?
Application of joint and several liability varies by state.
Some states, such as Ohio and Wisconsin, require the defendant to be found at least 50% responsible in order for joint and several liability to apply.
* Many states have enacted legislation to either limit or eliminate joint and several liability.
* LIABILITY CRISIS litigation against the profession is joint and several liability, which governs the vast majority of actions brought against accountants at the federal and state levels.
In arguing for an end to joint and several liability, the profession is in no way attempting to evade financial responsibility in cases where accountants are culpable.
By creating overwhelming pressure on innocent defendants to settle, joint and several liability gives plaintiffs' lawyers a strong incentive to bring as many cases as possible without regard to the relative merits, to include as many defendants as possible without regard to their degree of fault and to settle these cases at a fraction of the alleged damages.
6015 indicates that it was intended to relieve spouses saddled with a joint and several liability attributable to a nonrequesting spouse who is inaccessible.
W did not seek relief from joint and several liability during her lifetime.
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