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Under joint and several liability or (in the U.S.) all sums, a plaintiff (claimant) is entitled to claim an obligation incurred by any of the promisors from all of them jointly and also from each of them individually. Thus the plaintiff has more than one cause of action: if she pursues one promisor and he fails to pay the sum due, her action is ...
In situations where joint and several liability is engaged, contribution claims between parties are governed by the operation of the Civil Liability (Contribution) Act 1978, but, in addition there remain several equitable principles developed by the chancery division of the English Courts that are thought to remain in effect. [3]
A clause can contain that only the negligent partners can be sued and it is the wrongdoers that pay damages to victims only. Subject to contrary agreement, the assets of the business are owned on behalf of all partners, and they are each personally liable, jointly and severally , for business debts, taxes or tortious liability.
Decided November 17, 1948; Full case name: Charles A. Summers v. Howard W. Tice, et al. Citation(s) 33 Cal.2d 80 199 P.2d 1: Holding; When a plaintiff suffers a single indivisible injury, for which the negligence of each of several potential tortfeasors could have been a but-for cause, but only one of which could have actually been the cause, all the potential tortfeasors are jointly and ...
Under joint and several liability, where two or more people create a single injury or loss, all are equally liable, even if they contributed only a small amount. A state court hearing an admiralty case would be required to apply the doctrine of joint and several liability even if state law does not contemplate the concept.
Using the but for test alone, Dan and Dave can both escape liability. Dan can say that but for his own negligence, Paula still might have suffered the same harm. Dave can make the same argument. As a matter of public policy, most courts will nonetheless hold Dan and Dave jointly and severally liable.
The Food and Drug Administration's new rules on "healthy" food labels are voluntary and are scheduled to take effect at the end of February.
However, lawsuits may still be filed against the partners by name, [15] the general partners are still exposed to 'pass-through' liability, and partners are still jointly and severally liable (although in the case of limited partners, only to the extent of their capital contribution). There has been discussion over whether limited partnerships ...