JOINT LIABILITY
- Joint liabilities arise when two or more obligors promise to jointly perform a single obligation under the contract
- Each representation, warranty, covenant and agreement made by Party A or Party B in this Agreement shall be deemed a representation, warranty, covenant and agreement made by Party A and Party B jointly, and all liability and obligations relating thereto shall be deemed a joint liability and obligation of Party A and Party B
- For example, A and B jointly are obligated to pay C a sum of $5,000. If C sues, C will receive $5,000 from either A or B or both of them. Whether A and B was actually at fault under the contract is none of C’s concern. On the flip side, if A singlehandedly decides to fulfill the obligation and pay the entire sum to C, B will be discharged of his obligation, even though he did not contribute a cent.
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