South Carolina Joint and Several Guaranty of Performance and Obligations

State:
Multi-State
Control #:
US-OL4A024C
Format:
Word; 
PDF
Instant download

Description

This office lease form is a guranty that absolutely, unconditionally and irrevocably guarantees the landlord the full and prompt performance and observance of all of the tenant's obligations under the lease, including, and without limitation, the full and prompt payment of all rent and additional rent payable by the tenant under the lease and tenant's indemnity obligations benefiting the landlord under the lease.

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  • Preview Joint and Several Guaranty of Performance and Obligations
  • Preview Joint and Several Guaranty of Performance and Obligations
  • Preview Joint and Several Guaranty of Performance and Obligations
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FAQ

Joint liability is different from joint and several liability in that in joint liability the responsibility is spread equally among the defendants whereas in joint and several liability responsibility shifts depending on the degree/share of defendant's responsibility that is found by a judge or a jury.

A joint guarantee means that the signatories as a group are jointly and severally liable for the borrower's debts. If one guarantor fails to pay, the others must meet their obligation to repay that debt in full. The words "jointly" and "severally" refer to the nature of the guarantors' liability under the guarantee.

(B) A person who violates the provisions of subsection (A)(1) is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both. HISTORY: 1962 Code Section 16-413; 1952 Code Section 16-413; 1942 Code Section 1442; 1932 Code Section 1442; Cr.

South Carolina is one of the many states that follow the comparative negligence doctrine. In this system, a plaintiff's total award may be reduced if he or she was partly at fault for the injury.

In most cases, you have 3 years to file suit against a non-governmental defendant. Please note that you only have 2 years to file a suit against a governmental defendant such as a county hospital, local police department, or government official.

But South Carolina follows the ?modified comparative negligence? rule, with a 51 percent bar. Here, the plaintiff's fault must only be 50 percent or less. If it reaches 51 percent or more, he or she can no longer receive any compensation.

In South Carolina, a defendant whose total fault is less than 50% is only severally liable for its share of the damages. But, joint and several liability is triggered for defendants that arefound to be 50% or more at fault.

SECTION 15-38-15. Liability of defendant responsible for less than fifty per cent of total fault; apportionment of percentages; willful, wanton, or grossly negligent defendant and alcoholic beverage or drug exceptions.

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South Carolina Joint and Several Guaranty of Performance and Obligations