Jointly and Severally

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Definition of 'Jointly and Severally'

In law, jointly and severally is a term that describes the liability of multiple parties to a single obligation. In other words, each party is liable for the entire obligation, even if only one party is responsible for causing the obligation. This is in contrast to joint liability, in which each party is only liable for their own share of the obligation.

Joint and several liability is often used in contracts and other legal documents to ensure that all parties to an agreement are held responsible for its terms. For example, a contract for the sale of a house may state that the buyer and seller are jointly and severally liable for the payment of the purchase price. This means that if the buyer fails to pay the full amount, the seller can sue either the buyer or the seller's co-signer, and the court will order the party who is found liable to pay the entire purchase price.

Joint and several liability can also be used in tort law to hold multiple parties responsible for a single injury. For example, if a car accident is caused by the negligence of two drivers, both drivers may be held jointly and severally liable for the damages suffered by the injured party. In this case, the injured party can sue either driver, and the court will order the party who is found liable to pay the entire amount of damages.

Joint and several liability can be a significant burden for parties who are not responsible for causing an obligation. However, it can also be an effective way to ensure that all parties to an agreement are held responsible for their actions.

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