Anirudh (A.E.) 01 August 2012

Diff between joint vs. joint and several liability

Can anyone please tell me if there's any difference between joint liability and joint & several liability?

If a contract has two parties on one side making a promise, and the agreement is silent on "joint and several liability", will it still mean that the parties have "joint and several liability"?

Also, Mulla's commentary on Section 43 of the Indian Contract Act states that Section 43 treats joint liability as joint and several liability, but my question is that do I have to expressly state "parties B and C are jointly and severally liable to A"?

Kindly help.. SOS!

Regards

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2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 01 August 2012

1. IF a Contract (agreement) has been signed by two persons jointly (B & C on one side), THEN by default both the persons are liable jointly and severally, to the other side (A).

2. Lawfully, there is no need to "expressly state parties B and C are jointly and severally liable to A". However "IF" the said Contract specifically & written'ly states (vide a specific clause) that only "B" shall be responsible for the liability to "A", THEN ONLY due to this specific clause, the liability of "C" is absolved.

Keep Smiling .... Hemant Agarwal