Contract Glossary
Joint and Several Liability
Definition
When two or more parties are each individually responsible for the full amount of a debt or obligation — not just their share. A creditor can collect the entire amount from any one party, regardless of that party's actual share of fault.
In Practice
Say three partners owe a vendor $90,000 under a contract with joint and several liability. The vendor doesn't have to chase each partner for $30,000 — they can collect the full $90,000 from whichever partner has the deepest pockets. That partner then has to go after the other two for their shares. If you're the solvent one, you're the target.
Common in these contract types
Related contract clauses
Related articles
How to Write a Service Agreement That Actually Protects You
Most service agreements protect the wrong things. Here is how to write one that covers the gaps that actually cause disputes.
How to Draft a Services Agreement for Retainer Clients
Create a retainer services agreement that covers billing, scope, rollover, and termination. Start with a free template.
Retainer vs Project-Based Agreement
Compare retainer vs project-based service agreements — billing, scope, and termination differences. Create the right contract for your work.
Frequently asked questions about joint and several liability
It means you could be on the hook for 100% of a debt, even if you're only 10% responsible. The creditor picks the easiest target to collect from. If your co-obligors can't pay, you pay everything and then try to recover their shares yourself.
Create a contract with proper joint and several liability clauses
Generate a professional contract in minutes with all the essential clauses — no legal expertise needed.
Create your contractThis content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.