Joint and several liability

Joint and several liability arises when there is an obligation that can be enforced against a group of people or against them individually. The type of enforcement chosen is up to the enforcing party, which will typically choose to pursue payment in whatever manner is easiest to collect. The enforcement choices are:

  • To collect the obligation from everyone in the group
  • To collect the obligation from just a few parties in the group
  • To collect the obligation from just one person in the group

The party with the largest amount of ready cash is usually the one chosen by the enforcing party for collection action.