Dictionary

  • Joint liability

    An obligation whereby two or more persons undertake to do the same thing and thus be made liable jointly, with the consequence that proceedings in respect of the obligation must be taken against both or all of them together.

    In cases of joint liability, there is only one legally distinct obligation, and performance by one party will discharge the other/s. Parties cannot be sued separately.

    A legal presumption exists that a promise made by two or more persons incurs joint liability. This presumption must be rebutted expressly, to change the joint liability to joint and several liability.

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