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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 ...
In situations where joint and several liability is engaged, contribution claims between parties are governed by the operation of the Civil Liability (Contribution) Act 1978, but, in addition there remain several equitable principles developed by the chancery division of the English Courts that are thought to remain in effect. [3]
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.
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.
Generally, married filing jointly is more advantageous. This option lets you combine incomes and deductions, claim a higher standard deduction, and often results in a lower overall tax liability.
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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 ...