If parties have joint liability, then they are each liable up to the full amount of the relevant obligation. So if a married couple takes a loan from a bank, the loan agreement will normally provide that they are to be "jointly liable" for the full amount. If one party dies, disappears or is declared bankrupt, the other remains fully liable. Accordingly, the bank may sue all living co-promisors for the full amount. However, in suing, the creditor has only one course of action; i.e., the creditor can sue for each debt only once. If, for example, there are three partners, and the creditor sues all of them for the outstanding loan amount and one of them pays the liability, the creditor cannot recover further amounts from the partners who did not contribute to the liability.
Read more about this topic: Joint And Several Liability
Famous quotes containing the word joint:
“Let me approach at least, and touch thy hand.
[Samson:] Not for thy life, lest fierce remembrance wake
My sudden rage to tear thee joint by joint.
At distance I forgive thee, go with that;
Bewail thy falsehood, and the pious works
It hath brought forth to make thee memorable
Among illustrious women, faithful wives:
Cherish thy hast’n’d widowhood with the gold
Of Matrimonial treason: so farewel.”
—John Milton (1608–1674)