Also known as: joint and several · jointly and severally liable · joint and several liability
Written by attorneys · grounded in primary & secondary sources — see below
Liability under which each obligated party remains responsible for the full amount of an obligation. A claimant may therefore recover the entire sum from any one of the parties without first exhausting remedies against the others.
Captains Lopez and Chen each exceeded the no-wake speed in a crowded marina. Their wakes overlapped and capsized Erin’s kayak, but experts could not determine which wake caused the injury. Because both captains were negligent and only one caused the harm, the court shifted the burden of proving lack of causation to each of them. If neither captain exonerates himself, both face liability for Erin’s full damages.
General partners Kurt and Marvin operated a podcast partnership that financed audio equipment. After default on the installment contract, the supplier sued both partners personally. Because the debt arose while both served as general partners, each remains liable for the entire unpaid balance.
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Partners Kurt and Marvin produced a podcast episode that defamed Linda. Linda obtained a judgment against the partnership. She may collect the full amount from Kurt alone, from Marvin alone, or from both in any proportion.
Marjorie signed a multi-year lab lease with Zenith Pharma in the name of Blue Therapeutics, Inc. before any articles of incorporation were filed. Zenith later sued for unpaid rent. Marjorie and any other person who knew no corporation existed remain liable for the full lease obligation.
Kim introduced Hailey as a partner of Blue Trust during grant negotiations with Bay Charity. Hailey used partnership letterhead and signed the grant agreement. Bay Charity relied on the representation. Hailey and Kim share liability for the full amount promised under the agreement.
Kim consented to Hailey being introduced as a partner of Blue Trust. Fewer than all partners gave consent. Bay Charity entered the grant agreement in reliance on the representation. Kim and Hailey are jointly and severally liable to Bay Charity for the resulting obligation.
A plaintiff may recover the entire obligation from any one of the liable parties. The plaintiff need not first pursue partnership assets or other co-obligors.
No. A person who becomes a partner is not personally liable for obligations incurred before admission. Liability attaches only to debts arising during the partner’s tenure.
When multiple negligent defendants cannot be distinguished as the actual cause, the burden shifts to each defendant to disprove causation. If neither succeeds, all may be held jointly and severally liable for the full harm.
Yes. Persons who purport to act for a corporation knowing it has not yet been formed are jointly and severally liable for liabilities created while so acting.
…and misrepresentation claims. The jury then found liability on both claims and awarded plaintiff $200,000 compensatory damages jointly and severally against the defendants. In addition, the jury awarded punitive damages of $250,000 against each defendant. The court of appeals (2-1 decision) agreed that plaintiff's claims did not…