joint and several liability

(redirected from Joint tortfeasors)
Also found in: Medical, Legal.

joint and several liability

Having full liability for the whole of a debt or injury. Comakers on promissory notes have joint and several liability,so that the lender may collect the entire amount due from only one borrower and is not limited to collecting one-half from each borrower. The following usually have joint and several liability unless required otherwise by a specific state law or contractual agreement:

• Partners in a general partnership
• Taxes owed by husbands and wives who file joint returns
• Multiple persons who commit one wrong and injure another
• Tenants under one lease, such as roommates
• Cosigners on promissory notes
• Cosigners on guarantee agreements

References in periodicals archive ?
negligence, which 532 generally barred claims by joint tortfeasors.
The early common law held joint tortfeasors jointly and severally liable for any indivisible injury their joint negligence caused a plaintiff to suffer.
Because punitive damages are designed to punish the wrongdoer, and not to compensate the injured party, they can neither be apportioned nor subject to contribution among joint tortfeasors.
Editor's Note: Physicians should exercise due care whenever having any work done in their offices, lest a cause of action arise against them, whether as a joint tortfeasor or otherwise.
Fabre held that all joint tortfeasors may be placed on a verdict form so that fault could be apportioned among all persons (parties or nonparties) who may have contributed to an accident.
24) As discussed at note 21, under the unjust enrichment analysis, A and B are joint tortfeasors vis-a-vis the third party.
23) Therefore, Hogan's doctrinal response: if two defendants were joint tortfeasors, they were liable; if several concurrent tortfeasors, they were all on the hook.
86) The only Australian case cited by White J is Belan v Casey, in which Campbell J, in obiter, referred to Lingard v Bromley ('Lingard'), (87) Attorney-General (UK) v Wilson ('Wilson'), (88) and a 19th century text, (89) in support of the application of the joint fraud rule to joint tortfeasors.
The "major" joint tortfeasors may still be required to pay judgments in full, subject to the payor's continuing right of contribution.
The Restatement of Torts describes the common law as providing that the liability of joint tortfeasors (PRPs) should be apportioned where there is a "reasonable basis" for determining the contribution of each cause to a "single harm.
The trial court's ruling implicitly suggested that there was no dispute concerning whether the defendants were subsequent tortfeasors, rather than joint tortfeasors.
Full browser ?