joint and several

joint and several
joint and sev·er·al adj: relating or belonging to two or more parties together and separately
joint and several duties of the partners see also joint and several liability at liability 2b compare in solido, joint 1b, jointly
joint·ly and sev·er·al·ly adv

Merriam-Webster’s Dictionary of Law. . 1996.

joint and several
index in solido

Burton's Legal Thesaurus. . 2006


joint and several
adj.
Both shared and individual.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


joint and several
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 & Injuries
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

joint and several
joint and several liability / joint and several
Where 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.
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If 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 several
USA
joint 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. . 2010.

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 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. . 2013.

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Look at other dictionaries:

  • Joint and several — Joint Joint (joint), a. [F., p. p. of joindre. See {Join}.] [1913 Webster] 1. Joined; united; combined; concerted; as, joint action. [1913 Webster] 2. Involving the united activity of two or more; done or produced by two or more working together …   The Collaborative International Dictionary of English

  • joint and several —    In finance, a concept that refers to a debt in which each debtor is liable for the entire amount of the debt. For example, if it is stated in a promissory note that more than one person owes the funds to be paid, the debt is joint and several …   Business law dictionary

  • joint and several — A legal expression used to indicate that two or more parties each are fully liable rather than together fully liable. For example, if two individuals execute joint and several guaranties, either one can be asked to repay the entire amount of the… …   Financial and business terms

  • joint and several liability — see liability 2b Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. joint and several liability …   Law dictionary

  • joint and several liability — ➔ liability * * * joint and several liability UK US noun [U] ► LAW a situation where each of the people or organizations in a group is responsible, as a group and separately, for paying a debt, paying for damage that has been caused, etc.: »The… …   Financial and business terms

  • joint and several contracts — A joint contract is one made by two or more promisors, who are jointly bound to fulfill its obligations, or made to two or more promisees, who are jointly entitled to require performance of the same. A contract may be several as to any one of… …   Black's law dictionary

  • joint and several contracts — A joint contract is one made by two or more promisors, who are jointly bound to fulfill its obligations, or made to two or more promisees, who are jointly entitled to require performance of the same. A contract may be several as to any one of… …   Black's law dictionary

  • joint and several liability — (law) The responsibility of any one member of a group for the actions or debts of any or all of the others, and the responsibility of the group as a whole for the actions or debts of any one member • • • Main Entry: ↑join …   Useful english dictionary

  • joint and several liability — The liability of more than one person for which each person may be sued for the entire amount of the damages. (Dictionary of Canadian Bankruptcy Terms) United Glossary of Bankruptcy Terms 2012 …   Glossary of Bankruptcy

  • Joint and several liability — Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be:* jointly liable, or * severally liable, or * jointly and severally liable.Joint liabilityIf parties have joint liability,… …   Wikipedia

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