Joint and Several Liability

"What happens if one debtor pays the full amount?"

Quick Answer

Joint and several liability means multiple parties are independently liable for the full amount of an obligation. The creditor may demand the entire performance from any one of the debtors.

Scope and Legal Distinctions

Joint and several liability can allow a creditor to seek the debt from more than one liable person, subject to the legal basis. Internal contribution between debtors is a separate issue.

What to Check in Practice

Identify the statute or agreement creating liability, payment history and available defences; preserve records for a later contribution claim.

Sources & Authorities

Statutory framework and official guidance for this definition.

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