Joint And Several Liability For Costs Order
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FAQ
Joint liability means that there is more than one defendant for the plaintiff's injury or damage. In joint tort, each defendant is fully responsible for the entire number of damages. For example, a doctor and nurse being jointly liable for a patient's wrong medical treatment.
Sample Clause Language: THE OBLIGATIONS OF [CO-OBLIGORS] HEREUNDER SHALL BE JOINT AND SEVERAL, AND INGLY, EACH [CO-OBLIGORS] CONFIRMS THAT IT IS LIABLE FOR ALL OF THE OBLIGATIONS AND LIABILITIES OF EACH OF THE OTHER [CO-OBLIGORS] HEREUNDER.
Example: Joint and Several Liability Where any obligation, warranty or undertaking in this agreement is expressed to be made, undertaken or given by the Sellers, they shall be jointly and severally responsible in respect of it.
For example, suppose that A, B, and C negligently injure V. V successfully sues A, B, and C, for $1,000,000. If the court used a joint and several liability system, V could demand that A pay V the full $1,000,000. A could then demand contribution from B and C.
Each party to this Agreement enters into this Agreement solely on its own behalf, each such party shall solely be severally liable for any breaches of this Agreement by such party and in no event shall any party be liable for breaches of this Agreement by any other party hereto.