Law Dictionary

Joint and several debtors are two or more people who each owe the full amount of the same debt. The creditor can recover the whole debt from any one of them, though not more than the total owed. A debtor who pays more than its share can usually claim contribution from the others.

A joint and several guarantee is a guarantee given by two or more guarantors, each of whom can be required to pay the creditor the full guaranteed amount if the borrower defaults. Sharing of the burden happens only between the guarantors afterwards, through the right of contribution.

A joint and several indemnity is a promise by two or more indemnitors that each will compensate the indemnified party for the whole of a specified loss, not just a share. The indemnified party can claim the full amount from any of them. It differs from a simple indemnity given by one party.

"Joint and several insurance policy" is not a recognized insurance category. Insureds do not owe the policy limit; the insurer pays covered claims up to the limit. The real distinction for multiple insureds is between joint policies and composite or several policies, which affects whether one insured's misconduct defeats an innocent co-insured's coverage.

A joint and several lease is a lease where two or more tenants are each liable for the full rent and all other tenant obligations, not just a share. The landlord can pursue any one tenant for the whole amount owed. In commercial leasing, indemnifiers or guarantors are often made jointly and severally liable too.

Joint and several liability means two or more people are each responsible for the whole of the same debt or damages, so the creditor or injured party may recover everything from any one of them. The person who pays can seek contribution from the others. In British Columbia it arises from contract wording, the Partnership Act and the Negligence Act.

A joint and several liability clause is a contract term stating that two or more parties on the same side are each liable for the full obligation. The other party may then sue any one, some or all of them for the whole amount, subject to not recovering more than what is owed.

A joint and several obligation is one owed by two or more parties where each is liable for the entire obligation and the obligee may enforce it against any of them. It combines joint liability, a single shared obligation, with several liability, a separate obligation for each. The obligee cannot recover more than the total owed.

"Joint and several partnership" is not a type of business structure in BC. The phrase usually refers to the liability of partners in a general partnership. BC recognizes general partnerships, limited partnerships and limited liability partnerships, each with different rules on partners' personal liability.

A joint and several power of attorney appoints two or more attorneys and allows each to act alone or all together on the grantor's behalf. Whether multiple attorneys may act separately or must act together depends on the wording of the document. Each attorney is responsible for their own conduct.

A joint and several promissory note is a written promise to pay, signed by two or more makers, under which each maker is liable for the full amount. The holder can sue any maker for the whole debt. A note reading "I promise to pay" signed by two or more people is deemed joint and several.

Joint and several tortfeasors are two or more wrongdoers whose conduct causes the same harm, each of whom may be liable to the injured party for the full damages. In BC, whether liability is joint and several or limited to each wrongdoer's share depends partly on whether the injured party was also at fault.

"Joint and several trust" is not a type of trust. The phrase usually refers to the liability of co-trustees. Co-trustees generally must act unanimously, and a trustee who participates in a breach is jointly and severally liable for the loss, but is not automatically liable for a co-trustee's breach it did not take part in or enable.

"Joint and several will" is not a recognized type of will. A joint will is a single document signed by two people, usually spouses, as the will of each; it is rare and generally discouraged in BC. Spouses more commonly make separate mirror wills, which each can revoke unless they agreed otherwise.

A joint and survivor annuity is an annuity that pays income for the lives of two people, usually spouses, and continues to the survivor after the first death, often at a reduced amount. It is a retirement and financial product rather than a legal concept, sold mainly by life insurers.

"Joint custody" is no longer the statutory language in BC. Arrangements for children after separation are now framed as guardianship, parental responsibilities and parenting time under BC law, and decision-making responsibility and parenting time under the federal Divorce Act. A parenting agreement sets out how these are shared.

A joint development agreement is a contract in which two or more businesses agree to develop a product, technology or project together. It sets out each party's contributions, who owns background and newly created intellectual property, licence rights, confidentiality, cost sharing, commercialization and exit. In Canada, collaborations between competitors must also comply with the federal Competition Act.

Joint liability is a single obligation shared by two or more people. At common law there is one cause of action, so all joint obligors should generally be joined in a lawsuit. It differs from several liability, where each owes a separate obligation, and joint and several liability, which gives the creditor both.

A joint marketing agreement is a contract in which two or more businesses agree to promote a product, service or brand together. It covers marketing commitments, cost and revenue sharing, use of each other's trademarks and content, approval of advertising claims, customer data and privacy, and termination. Advertising claims must comply with the federal Competition Act.

Joint ownership, or co-ownership, means two or more people or companies own the same property at the same time. In British Columbia land is co-owned either as joint tenants, with a right of survivorship, or as tenants in common, with separate shares that pass through each owner's estate. A co-ownership agreement sets each owner's rights and obligations.

Joint tenancy is a form of co-ownership in which each owner holds an equal, undivided interest in the whole property with a right of survivorship. When one joint tenant dies, their interest passes automatically to the survivors, outside the will. In British Columbia, a transfer to two or more people creates a tenancy in common unless joint tenancy is stated.

A joint use agreement is a contract under which two or more parties share the use of a property or facility, such as parking, access roads, utility poles or recreational facilities. It typically covers access, maintenance, cost sharing, insurance, liability and termination. Its legal effect depends on the contract and any registered interests.

A joint venture agreement is a contract in which two or more businesses combine money, assets or expertise for a specific project while remaining separate. It sets contributions, management, profit and loss sharing, IP, deadlock and exit. In BC a joint venture can be contractual or a jointly owned corporation, and an unincorporated venture risks being treated as a partnership.

A joint venture is an arrangement in which two or more parties combine resources for a specific project or business, sharing control, costs and returns. It may be purely contractual, conducted through a jointly owned company, or structured as a partnership. "Joint venture partnership" is not a separate legal category.

A judgment is a court's final decision on the claims in a lawsuit, such as an order that one party pay money to another. In British Columbia a money judgment can be enforced by garnishment, by registering it against the debtor's land, and by seizing goods, and the creditor generally has 10 years to enforce it under the Limitation Act.