Civil Procedure

Joint and Several Liability

Where two or more persons are jointly and severally liable for a debt or obligation, the creditor can claim the full amount from any one of them. That person can then seek contribution from the others.

Legal Definition

Joint and several liability means each co-debtor is liable for the entire debt — not just a proportional share. The creditor chooses who to pursue. Once the creditor is paid in full by one debtor, the others are released from the creditor's claim, but that debtor can claim a proportional contribution from them (right of recourse).

📖 Constitutional / Statutory Basis: Section 34 (access to courts)

Practical Example

Three partners are jointly and severally liable for a business debt of R300,000. The creditor sues one partner for the full R300,000. That partner pays and then claims R100,000 each from the other two.

Frequently Asked Questions

Is joint and several liability common in South African contracts?

Yes — suretyship agreements, business partnerships, co-signatory credit agreements, and co-defendants in delictual claims commonly involve joint and several liability.

Can I be sued for the full debt even if I was the minor partner?

Yes — if the contract creates joint and several liability, the creditor can pursue any party for the full amount. Your recourse is against your co-partners.

Related Terms

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