Under joint and several liability or all sums, a claimant may pursue an obligation against any one party as if they were jointly liable and it becomes the responsibility of the defendants to sort out their respective proportions of liability and payment. This means that if the claimant pursues one defendant and receives payment, that defendant must then pursue the other obligors for a contribution to their share of the liability.
Joint and several liability is most relevant in tort claims, whereby a plaintiff may recover all the damages from any of the defendants regardless of their individual share of the liability. The rule is often applied in negligence cases, though it is sometimes invoked in other areas of law.
In the United States, 46 of the 50 states have a rule of joint and several liability, although in response to "tort reform" efforts, some have limited the applicability of the rule.
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Famous quotes containing the word joint:
“Your letter of excuses has arrived. I receive the letter but do not admit the excuses except in courtesy, as when a man treads on your toes and begs your pardon—the pardon is granted, but the joint aches, especially if there is a corn upon it.”
—George Gordon Noel Byron (1788–1824)