Also known as: severally · joint and several · several liability
Written by attorneys · grounded in primary & secondary sources — see below
An adjective denoting separate or individual status or liability as opposed to joint status or liability. It identifies each of multiple parties as independently responsible for the full obligation or claim.
Alpha Builders and Beta Electric each sign distinct subcontracts with Owner for a single project. Owner sues both for defective work. The court treats their duties as several because each contractor remains independently responsible for its own full performance obligations.
Sophia Singh and Sylvia Santos each suffer distinct injuries from the same defective product sold by Sterling Manufacturing. They file a single complaint asserting their rights to relief severally. The court permits joinder because each plaintiff may pursue her own claim arising from the same occurrence even though the claims are not joint.
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Simon Stern is injured by one of two negligent drivers whose conduct cannot be distinguished. Both defendants are held liable jointly and severally because each must prove his conduct was not the cause in fact of the harm. The plaintiff recovers the full judgment from either driver.
Serena Soto and Solomon Silver form a limited partnership with Sierra Solutions as the sole limited partner. The partnership defaults on a loan. The lender sues the general partners, who are held jointly and severally liable for the entire debt because each general partner remains personally responsible for all partnership obligations.
Sarah Sullivan and Sterling Manufacturing enter a general partnership that incurs unpaid supplier debts. The supplier sues both partners. Each partner is held jointly and severally liable for the full amount because every partner bears personal responsibility for all partnership liabilities.
Skyline Construction begins operations before filing articles of incorporation. Its organizers sign contracts in the entity's name. When the contracts are breached, the organizers are held jointly and severally liable for all resulting obligations because they knew no corporation yet existed.
Joint and several liability permits a plaintiff to recover the entire judgment from any one of multiple defendants. Each defendant remains individually responsible for the full amount even if others share fault.
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The term several allows plaintiffs to join in one action when each asserts a right to relief arising from the same transaction or occurrence. Joinder is permitted even though the claims are independent rather than joint.
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No. In alternative-liability cases each negligent defendant must prove his own conduct was not the cause. If none can do so, all remain jointly and severally liable for the single harm.
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All persons who purport to act for a nonexistent corporation are jointly and severally liable for liabilities created while so acting.
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…Ramsay, Robert Townsend Hooe, and William Harper, by their counsel Charles Lee, late Attorney General of the United States, severally moved the court for a rule to James Madison, Secretary of State of the United States, to show cause why a mandamus should not issue commanding him to cause to be delivered to them…