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joint and sev·er·al adj: relating or belonging to two or more parties together and separatelyjoint and several duties of the partners see also joint and several liability at liability 2b compare in solido, joint 1b, jointlyjoint·ly and sev·er·al·ly adv
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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adj.Both shared and individual.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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Refers to a debt or a judgment for negligence against two or more defendants, in which each debtor (person who owes) or defendant is responsible for the entire amount of the debt or judgment, regardless of each individual's precise share of responsibility. For example, a promissory note for a debt often states that if there is more than one debtor, the debt is joint and several. This means the creditor can collect the entire amount from any of the signers of the note. Or, if a party injured in an accident sues several parties for causing damages, the court may find that several people were jointly negligent. The entire judgment may then be collected from any of the defendants found responsible, unless the court finds that different amounts of negligence of each defendant contributed to the injury.Category: Accidents & InjuriesCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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joint and several liability / joint and severalWhere two or more parties assume liability and each is treated as having assumed the obligation both collectively, on behalf of all those bound, and also individually for itself. The third party may choose to proceed against any one or more of the co-obligors for the full performance of the obligation (or for all its loss or damage arising from a breach or failure by any of them to perform), irrespective of which of them caused the breach. Performance by one debtor discharges the liability of the others as against the third party. The co-obligors may, however, have rights of recovery against each other.Related links+ joint and several liability United KingdomIf there are more than two parties to a contract, liability for obligations under the contract may be split in the following ways:• Joint - if A and B jointly agree to pay X £1,000 then X is entitled to £1,000 and must claim the whole amount from A and B together.• Several - if A and B severally agree to pay X £1,000 then X is entitled to £1,000 from A and a further £1,000 from B.• Joint and several - if A and B jointly and severally agree to pay X £1,000 then X is entitled to £1,000 and may claim the whole of it from either A or B.+ joint and several liability / joint and severalUSAjoint and several liability, Also known as joint and several.In the case of more than one obligor to an obligation, with respect to the claimant, the parties are jointly liable (joint liability), but as between obligors themselves, the liabilities are several (several liability). When one obligor pays the claimant in full on the obligation, that obligor can then pursue the other obligors for a contribution for their share of the liability.Bank loan agreements that have more than one borrower often state that the borrowers are jointly and severally liable to repay the loans regardless of which borrower actually borrowed the money.Another example is a stock purchase agreement with more than one seller where the sellers' indemnification obligations may be joint and several so that each seller is liable to the buyer for 100% of the damages (rather than just its proportionate share).Glossary
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
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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 be limited to 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.
Law dictionary. EdwART. 2013.
