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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 ...
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 ...
Walt Disney World Co. v. Wood, 489 So. 2d 61 (Fla. Dist. Ct. App. 1986) is a court decision by Florida's Fourth District Court of Appeal illustrating the principle of joint and several liability when combined with comparative negligence. It also features a unique twist in that the plaintiff and one of the defendants were (at the time of the ...
General partners may have joint liability or joint and several liability depending upon circumstances. The limited partnership (LP) is a partnership in which general partners manage the partnership's operations, and limited partners forego the right to manage the business in exchange for limited liability for the partnership debts. The ...
A common example of a solidary obligation created thorough operation of law is vicarious liability such as respondeat superior. Solidarity can be either active or passive. A solidary obligation that is active exists among the obligees (creditors) in the transaction. It is passive when it exists among the obligors (debtors) in a transaction.
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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.
In July 2022, an agreement was reached, granting them joint legal custody of Natalie, who would primarily live with her father, according to court documents. The documents also indicate that the ...