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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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has been Holly Shields for Kalkine Media.
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