What is joint and several liability?
Joint and several liability is a type of legal responsibility in Hawaii’s accident law. This type of liability exists when two or more individuals or groups are found responsible for an accident. The main difference between joint and several liability is that when one of the liable parties is unable to pay their portion of the damages, the other parties are required to make up the difference. The most common type of joint and several liability in Hawaii is found in cases of negligence. For example, suppose a driver and their passenger are both found to be responsible for an accident. In this type of situation, the injured party could easily recoup their damages, even if one of the parties can’t or won’t pay their portion. Joint and several liability also applies to contract-related cases. For example, if multiple parties sign a contract for a service or job, and one party doesn’t fulfill their end of the agreement, the other parties can be held liable for any damages resulting from the contract. In Hawaii, it is important for individuals and businesses to be aware of joint and several liability before entering into any contracts or agreements. Knowing the limits of liability can help to avoid a situation in which multiple parties are responsible for an accident or damages.
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