Joint & Several Liability

jptardif2jptardif2
in Harris.Tort

Hi Graham,

The example about joint & several liability is about a person/entity most at fault going bankrupt. Just out of curiosity, if all the parties involved are still up and running, is proportional liability applying at the moment?

Thanks,

Comments

  • grahamgraham

    No, joint and several liability would still apply even if none of the other defendants were bankrupt. What usually happens is that the defendant with the deepest pockets (most financial resources) ends up paying the most under joint and several liability.

  • slocksonslockson

    Hi Graham, is it fair to say that "Vicarious Liability" is a problem because J&S liability exists?

    I'm not sure I can think of any Vicarious liability examples which does NOT involve J&S.

  • grahamgraham

    I'm not sure if that's correct. Here's one way of thinking about these concepts:

    • Vicarious liability makes a statement about who is responsible.
    • Joint and several liability makes a statement about how much each responsible party is liable for.

    An example of vicarious liability that would be unrelated to J&S liability is the employer/employee example. In this case, there is only 1 legally responsible party, the employer, and the existence (or non-existence) of J&S liability wouldn't make any difference regarding the employer's liability as long as vicarious liability is in effect.

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