Sentences with phrase «joint and several liability applies»

Joint and several liability applies to any persons who act in concert in committing the tortious act, or aid or encourage the act, or ratify or adopt the act.
I'm thinking this is a case where joint and several liability applies; IncumbentCo can go after any particular one of the owners and developers for the entire amount if they feel like it, and then it would be up to that person to then sue anyone else he thinks is partially liable.

Not exact matches

Therefore, when applying the section to any specific action, it is understood that joint and several liability to the plaintiff can and will attach only to a party defendant, although others who may also have been at fault could potentially have been found jointly and severally liable had they been sued by the plaintiff.
Since the Court did not apply the principle of joint and several liability of the defendants (the ability to recover all the damages from any of the defendants regardless of their individual share of the liability), Robinson will have to collect his award from his opponents one by one under proportionate liability.
When this situation arises, rules regarding joint and several liability may apply:
Except in limited circumstances that are unlikely to apply to a car accident, the doctrine of joint and several liability has been abolished in New Mexico.
We still do not know whether the extent of liability, in cases where Resurfice material contribution does apply, is just proportional (several) or joint and several.
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