![]() |
||||||||||||||||
|
||||||||||||||||
|
Joint and several liability
Joint and several liabilityWhere two or more people enter into an obligation such as a guarantee together, joint and several liability means that the lender or creditor can recover the whole indebtedness from any one of them. They are then left to sort out their respective contributions between themselves. RELATED TERMS-------------------------------------- People A state. Obligation In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made. Guarantee Contracts. He lo whom a guaranty is made. Joint United, not separate; as, joint action, or one which is brought by several persons acting together; joint bond, a bond given by two or more obligors. Several A state of separation or partition. A several agreement or cove-nant, is one entered into by two or more persons separately, each binding himself for the whole; a several action is one in which two or more persons are separately charged; a several inheritance, is one conveyed so as to descend, or come to two persons separately by moieties. Several is usually opposed to joint. Liability A person or organization's extent of responsibility for a loss. An item of value that is part of the overall debt or obligation of a person or business. Creditor Creditor or obligee. Contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay money, or to do, or not to do something. Indebtedness The state, of being in debt, without regard to the ability or inability of the party to pay the same. Contributions Public law. Taxes or money contributed to the support of the government. SIMILAR TERMS-------------------------------------- Joinder in demurrer When a demurrer is offered by one party, the adverse party joins with him in demurrer, and the answer which he makes is called a joinder in demurrer. Joinder of actions Practice. The putting two or more causes of action in the same declaration. It is a general rule, that in real actions there can never be but one count. Joinder of issue Pleadings. The act by which the parties to a cause arrive at that stage of it in their pleadings, that one asserts a fact to be so, and the other denies it. For example, when one party denies the fact pleaded by his antagonist, who has tendered the issue thus, "And this he prays may be inquired of by the country," or, "And of this he puts himself upon the country," the party denying the fact may immediately subjoin, "And the said A B does the like;" when the issue is said to be joined. Joinder of parties to actions It is a rule in actions ex contractu that all who have a legal interest in the contract, and no others, must join in action founded on a breach of such contract; whether the parties are too many or too few, it is equally fatal. Joint United, not separate; as, joint action, or one which is brought by several persons acting together; joint bond, a bond given by two or more obligors. Joint contract One in which the contractors are jointly bound to perform the promise or obligation therein contained, or entitled to receive the benefit of such promise or obligation. It is a general rule that a joint contract survives, whatever may be the beneficial interests of the parties under it; where a partner, covenantor, or other person entitled, having a joint interest in a contract not running with the land, dies, the right to sue survives in the other partner. Joint custody A child custody decision which means that both parents share joint legal custody and joint physical custody. This is not very common and many professionals have taken to referring to "joint legal custody but sole maternal physical custody" as "joint custody". Joint legal custody A form of custody of minor children in which the parents share the responsibilities and major decision-making related to the child. Joint liability Where the joint obligor has the right to insist that the co-obligor be joined as a co-defendant, and that the co-obligor be sued jointly. In other words, where two or more parties share liabilities. Joint physical custody A form of custody of minor children in which the parents share the actual physical custody of the child. Joint property Property that is held in the name of more than one person. Joint stock banks In England they are a species of quasi corporations, or companies regulated by deeds of settlement; and, in this respect, the stand in the same situation as other unincorporated bodies. But they differ from the latter in this, that they are invested by certain statutes with powers and privileges usually incident to corporations. These enactments provide for the continuance of the partnership, notwithstanding a change of partners. The death, bankruptcy, or the sale by a partner of his share, does not affect the identity of the partnership; it, continues the same body, under the same name, by virtue of the act of parliament, notwithstanding these changes. Joint tenancy When two or more persons are equally owners of some property. The unique aspect of joint tenancy is that as the joint tenancy owners die, their shares accrue to the surviving owner(s) so that, eventually, the entire share is held by one person. A valid joint tenancy is said to require the "four unities": unity of interest (each joint tenant must have an equal interest including equality of duration and extent), unity of title (the interests must arise from the same document), unity of possession (each joint tenant must have an equal right to occupy the entire property) and unity of time: the interests of the joint tenants must arise at the same time. Joint tenants Estates. Two or more persons to whom are granted land's or tenements to hold in fee simple, fee tail, for life, for years, or at will. The estate which they, thus hold is called an estate in joint tenancy Joint venture When two independent businesses wish to combine forces in a business project, they may form a joint venture to operate the new project as a separate enterprise. This can take the form of a simple contractual arrangement, a partnership or a joint venture company. Joint venture agreement When two independent businesses wish to combine forces in a business project, they may form a joint venture to operate the new project as a separate enterprise. This can take the form of a simple contractual arrangement, a partnership or a joint venture company. Joint work Defined in the Copyright Act as a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. To be a joint author, a writer must contribute an independently copyrightable portion of the work. Jointress or jointuress Jointress or Jointuress. Two or more persons who are entrusted with property for the benefit of one or more others. Jointuress Jointuress or Jointress . Two or more persons who are entrusted with property for the benefit of one or more others. PREVIOUS AND NEXT TERMS-------------------------------------- Joinder in demurrer When a demurrer is offered by one party, the adverse party joins with him in demurrer, and the answer which he makes is called a joinder in demurrer. Joinder of actions Practice. The putting two or more causes of action in the same declaration. It is a general rule, that in real actions there can never be but one count. Joinder of issue Pleadings. The act by which the parties to a cause arrive at that stage of it in their pleadings, that one asserts a fact to be so, and the other denies it. For example, when one party denies the fact pleaded by his antagonist, who has tendered the issue thus, "And this he prays may be inquired of by the country," or, "And of this he puts himself upon the country," the party denying the fact may immediately subjoin, "And the said A B does the like;" when the issue is said to be joined. Joinder of parties to actions It is a rule in actions ex contractu that all who have a legal interest in the contract, and no others, must join in action founded on a breach of such contract; whether the parties are too many or too few, it is equally fatal. Joint United, not separate; as, joint action, or one which is brought by several persons acting together; joint bond, a bond given by two or more obligors. Joint and several liability Joint contract One in which the contractors are jointly bound to perform the promise or obligation therein contained, or entitled to receive the benefit of such promise or obligation. It is a general rule that a joint contract survives, whatever may be the beneficial interests of the parties under it; where a partner, covenantor, or other person entitled, having a joint interest in a contract not running with the land, dies, the right to sue survives in the other partner. Joint custody A child custody decision which means that both parents share joint legal custody and joint physical custody. This is not very common and many professionals have taken to referring to "joint legal custody but sole maternal physical custody" as "joint custody". Joint legal custody A form of custody of minor children in which the parents share the responsibilities and major decision-making related to the child. Joint liability Where the joint obligor has the right to insist that the co-obligor be joined as a co-defendant, and that the co-obligor be sued jointly. In other words, where two or more parties share liabilities. Joint physical custody A form of custody of minor children in which the parents share the actual physical custody of the child. We thank you for using the Juridical Dictionary to search for Joint and several liability. If you have a better definition for Joint and several liability than the one presented here, please let us know by making use of the suggest a term option. This definition of Joint and several liability may be disputed by other professionals. Our attempt is to provide easy definitions on Joint and several liability and any other medical topic for the public at large.
|
|||||||||||||||
| © Juridical Dictionary 2005. All rights reserved. | ||||||||||||||||