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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 ...
A solidary obligation, or an obligation in solidum, is a type of obligation in the civil law jurisprudence that allows either obligors to be bound together, each liable for the whole performance, or obligees to be bound together, all owed just a single performance and each entitled to the entirety of it.
Courts, in the majority, do not apply comparative responsibility to intentional torts. However, some courts apply comparative responsibility to intentional torts. The law and academia on this issue is very complex, but typically support holding intentional tortfeasors in a suit subject to joint and several liability. Further, any negligent ...
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.
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 ...
This chapter makes several other provisions in the realm of tortious liability, including: liability for defamation (article 33); [121] violations of another person's privacy, causing humiliation on account of religion or economic status, causing another person to be alienated from their friends (article 26); [122] benefitting from (without ...
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The article defines three types of liability (joint, several and joint and several). But then the first example mentions "proportionate liability". Is this supposed to be one of the three types previously defined? The term is not mentioned anywhere earlier but it is used as if it were previously defined.