What is joint liability? - YouTube

Channel: Kalkine Media

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The obligation of two or more people to fulfil  their responsibility of paying back debt  
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or satisfying a liability is known as joint  liability. With joint liability, the parties  
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can share the risk associated with debt and  moreover protect themselves in case of a lawsuit.  
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The people who are part of joint  liability are known as jointly liable.
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How does joint liability work?
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Joint liability arises when two or more  parties jointly apply for debt as co-borrowers.  
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In a general partnership, the regulation states  that when a partner enters a debt contract  
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without or with the knowledge of other partners,  the contract binds all the partners. In case  
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any partner defaults and lawsuits are filed,  then all the partners are equally responsible  
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for the fault and each partner must pay  the compensation and monetary liability.
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When partners enter a joint liability, then  they possess the knowledge that they will be  
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liable for the actions of the  other partners in the contract.
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The term “jointly and severally”  describes the legal setup in  
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which each member in the partnership is  equally responsible for the liability.  
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Jointly and severally is also known as  “joint and several liability”. Within  
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a group of people or in partnerships,  it is crucial that parties ascertain  
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and differentiate the liabilities along  with the extent to which a person is liable.
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In the contract of joint and several liability,  parties mention that responsibility will be  
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either shared jointly by all the members or the  same responsibility will be shared separately.  
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Complex legal terms are used to define  the responsibilities of the party involved  
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to clarify the liability of the  persons who enter the contract.  
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The legally binding document identifies  the parties who enter the contract,  
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and they are obliged to fulfil their duties,  actions and terms set forth in the agreement.
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What is the difference between  several liable and jointly liable?
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In the case of several liable, the parties  have liability only towards their respective  
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obligation. However, in joint liability, all  parties are equally responsible for all types  
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of liabilities. To illustrate, imagine partners  in a business taking up a loan for their company.  
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Under a severally liable agreement, each partner  has a specific share of the liability for which  
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he/she is responsible. In case one of the partners  defaults on the loan, then the lender can only sue  
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the specific individual and not the others. Other  partners have no obligation to repay the loan.  
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Syndicate loan agreements mostly  adopt several liabilities.
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What is the difference between “several  & joint” liability and joint liability?
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The major difference is that,  in the case of joint liability,  
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all the partners are held equally responsible for  any illegal activity done by any member. However,  
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in the case of the several and joint liability,  the liability of repaying the damages is  
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shifted on the partner who has the ability to  pay, or the person held responsible by the court.
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Another major difference is that, in joint  liability, members know the area where they  
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will be held responsible. The same is not  the case with several and joint liability,  
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as no member has any knowledge  of who will be held responsible.
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Now that you’re up to speed, check out some  of our other videos. If you like this info,  
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logon to our website kalkinemedia.com. This  has been Holly Shields for Kalkine Media.