Jointly and Severally
Candlefocus EditorJointly and severally can be seen in many different legal situations. Most often, it is applied when two or more persons enter into a contractual agreement. All parties to the contract are jointly and severally liable for the performance of their obligations. That means, should any party fail to honour their obligations, the other signatories are liable to pay the full sum specified in the contract, even if the other parties are not at fault.
Joint and several liability is also applied when parties enter into tortious agreements or engage in conduct that injures another person or damages their property. Examples of situations that may be subject to joint and several liability include medical malpractice, injury of or damage to property by a hazardous product or defect, false imprisonment, libel and slander.
In these types of cases, it is important to note that the parties are also jointly and severally liable for any punitive damages that may be assessed. Punitive damages, which may also be known as additional damages, are a monetary award to the plaintiff on top of any actual damages they have suffered, and they are meant to punish the wrongdoer and serve as a deterrent to others.
In addition to contractual agreements and tortious conduct, joint and several liability applies in other instances as well, such as when two or more people decide to invest in a business together. When each party is liable for the debts and liabilities of the business, they are held jointly and severally liable.
It is important to note that joint and several liability does not absolve any of the parties of liability. It simply means that the individuals or entities involved are legally responsible for the full amount of damages or losses that have been caused, even if their liability for the full amount is disproportionate to their degree of involvement. At the end of the day, all parties involved in a jointly and severally liable situation will be held accountable, no matter which party is actually at fault.