Joint And Several Liability With
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FAQ
In law, joint and several liability makes all parties in a suit responsible for damages up to the entire amount awarded. That is, if one party is unable to pay, the others named must pay more than their share.
Canada (Attorney General), 2015 CanLII 35487). For example, if a plaintiff obtains monetary judgement for $1,000,000 against a party that is 1% at-fault, all joint and several defendants become indivisibly liable for the whole injury; an outcome giving rise to the '1% Rule' moniker.
An example of joint liability would be when spouses both sign for a loan. If one spouse should die, the other remains liable for the balance of the loan as a co-signer. However, this is contingent upon default by the borrower. With joint liability, creditors may sue once for any debt.
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.
Example: Joint and Several Liability The Purchaser may release or compromise in whole or in part the liability of any of the Sellers under this agreement or grant any time or other indulgence without affecting the liability of any other of the Sellers.