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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.
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 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.
When you take out a joint debt, you and the other person both become responsible for the whole amount, not just your own share or 'half'. If one of you can't or won't pay, you're both liable for the full debt no matter which one of you spent the money. This is known as 'joint and several liability'.