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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. In general, solidarity of an obligation ...
ordered disgorgement on a joint basis (the equivalent of several liability in common law) rather than solidarily, but reduced the amount to be disgorged, declared that damages for suffering are subject to the " Andrews cap," [ a ] and reduced the amount awarded by the trial judge to an amount representing 50 percent of the cap's value at the ...
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 ...
The owners are jointly and severally liable for any legal actions and debts the company may face, unless otherwise provided by law or in the agreement. It is a partnership in which partners share equally in both responsibility and liability. [1]
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 tortfeasor who negligently failed to protect the plaintiff from the intentional tortfeasor will be jointly and severally liable for the portion of the intentional ...
In Napoleon's code, solidarity meant the joint liability of debtors towards a common creditor and was not a primary legal principle. [11] Conservatism, following the French Revolution, introduced the concept of "solidarity", which was detached from the legal system, as a reaction against rapid social change and as a longing for a stable society.
The Liability of trustees inter se in English law governs in what circumstances and to what extent a trustee in English trust law is liable for the acts and defaults of their co-trustees under English Law. In general trustees are under a duty to act jointly and have authority to act individually only if the trust instrument so provides.