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Joint And Several Liability

Definition

Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be...

What is 'Joint And Several Liability '

Joint and several liability is when multiple parties can be held liable for the same event or act and be responsible for all restitution required. In cases of joint and several liability, a person who was harmed or wronged by several parties could be awarded damages and collect from any one, several, or all of the liable parties. The liable parties would be required to pay the entire damage award, which could be split among multiple parties or could come from just one party. Each party would be liable for part of the damages, or up to as much as all of the damages.

Explaining 'Joint And Several Liability '

Joint and several liability favors the plaintiff suing for damages because it enables him or her to seek payment from the party or parties with the deepest pockets.



Joint and several liability differs from comparative fault, where the multiple parties would be assigned responsibility for a portion of the damages in relation to the percentage of fault that they bore for the harm.





In comparative fault, if the greatest percentage of harm comes from the least financially solvent liable party, this might leave the plaintiff in the position of seeking damages from an insolvent party.


Further Reading


Indivisible toxic torts: the economics of joint and several liability
www.jstor.org [PDF]
… The value of p(x), the likelihood of an inci- dent, is assumed to be jointly determined by the actions of all PRPs, a specification which captures the indivisibility nature of this kind of tort; the marginal expected … In the common law the joint and several liability doctrine has been …

Joint and several liabilityJoint and several liability
www.elgaronline.com [PDF]
… The value of p(x), the likelihood of an inci- dent, is assumed to be jointly determined by the actions of all PRPs, a specification which captures the indivisibility nature of this kind of tort; the marginal expected … In the common law the joint and several liability doctrine has been …

An analysis of the economic consequences of the proportionate liability ruleAn analysis of the economic consequences of the proportionate liability rule
onlinelibrary.wiley.com [PDF]
… The value of p(x), the likelihood of an inci- dent, is assumed to be jointly determined by the actions of all PRPs, a specification which captures the indivisibility nature of this kind of tort; the marginal expected … In the common law the joint and several liability doctrine has been …

Economic analysis of joint and several liabilityEconomic analysis of joint and several liability
www.elgaronline.com [PDF]
… The value of p(x), the likelihood of an inci- dent, is assumed to be jointly determined by the actions of all PRPs, a specification which captures the indivisibility nature of this kind of tort; the marginal expected … In the common law the joint and several liability doctrine has been …

Financial reporting and auditing under alternative damage apportionment rulesFinancial reporting and auditing under alternative damage apportionment rules
meridian.allenpress.com [PDF]
… The value of p(x), the likelihood of an inci- dent, is assumed to be jointly determined by the actions of all PRPs, a specification which captures the indivisibility nature of this kind of tort; the marginal expected … In the common law the joint and several liability doctrine has been …

The Case for Reform: An Economic Analysis of Joint and Several Liability After Comparative NegligenceThe Case for Reform: An Economic Analysis of Joint and Several Liability After Comparative Negligence
heinonline.org [PDF]
… The value of p(x), the likelihood of an inci- dent, is assumed to be jointly determined by the actions of all PRPs, a specification which captures the indivisibility nature of this kind of tort; the marginal expected … In the common law the joint and several liability doctrine has been …

The Effect of Joint and Several Liability on the Settlement Rate--Mathematical Symmetries and Metaissues about Rational Litigant Behavior: Comment on Kornhauser …The Effect of Joint and Several Liability on the Settlement Rate--Mathematical Symmetries and Metaissues about Rational Litigant Behavior: Comment on Kornhauser …
www.journals.uchicago.edu [PDF]
… The value of p(x), the likelihood of an inci- dent, is assumed to be jointly determined by the actions of all PRPs, a specification which captures the indivisibility nature of this kind of tort; the marginal expected … In the common law the joint and several liability doctrine has been …

The effect of joint and several liability under superfund on brownfieldsThe effect of joint and several liability under superfund on brownfields
www.sciencedirect.com [PDF]
… The value of p(x), the likelihood of an inci- dent, is assumed to be jointly determined by the actions of all PRPs, a specification which captures the indivisibility nature of this kind of tort; the marginal expected … In the common law the joint and several liability doctrine has been …

The Innocent Spouse Problem: Joint and Several Liability for Income Taxes Should Be RepealedThe Innocent Spouse Problem: Joint and Several Liability for Income Taxes Should Be Repealed
heinonline.org [PDF]
… The value of p(x), the likelihood of an inci- dent, is assumed to be jointly determined by the actions of all PRPs, a specification which captures the indivisibility nature of this kind of tort; the marginal expected … In the common law the joint and several liability doctrine has been …

Poland's introduction of joint and several liability for a proxy filing a taxpayer's VAT registration formPoland's introduction of joint and several liability for a proxy filing a taxpayer's VAT registration form
www.tandfonline.com [PDF]
… The value of p(x), the likelihood of an inci- dent, is assumed to be jointly determined by the actions of all PRPs, a specification which captures the indivisibility nature of this kind of tort; the marginal expected … In the common law the joint and several liability doctrine has been …



Q&A About Joint And Several Liability


How does joint and several liability favor the plaintiff suing for damages?

It enables him or her to seek payment from the party or parties with the deepest pockets.

What are some differences between joint and several liability and comparative fault?

In comparative fault, if the greatest percentage of harm comes from the least financially solvent liable party, this might leave a plaintiff in a position of seeking damages from an insolvent party.

When would you use joint and several liability instead of comparative fault?

You would use it when there are multiple parties that could have caused harm to another person.

What is joint and several liability?

Joint and several liability is when multiple parties can be held liable for the same event or act and be responsible for all restitution required.

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