44.3 Drafting points—joint and several liability

44.3 Drafting points—joint and several liability

  1. (a)

        Should there be a joint and several liability clause at all? For example, such a clause may not be appropriate if:

    1. (i)

          none of the parties comprises more than one person; and

    2. (ii)

          the parties do not enter into any joint obligations nor are required to give, nor be responsible for, any benefits under the agreement which require them to be jointly and severally liable.

  2. (b)

        If there are several persons who constitute a party should they be subject to joint and several liability? For example, where there is a sale of