in solidum
English translation: in solidum
| 11:06 Oct 4, 2000 |
| French to English translations [PRO] Law/Patents | |||||||
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|  Selected response from: Laura Gentili Italy Local time: 07:25 | ||||||
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14 mins
in solidum Explanation: Where there is more than one defendant, solidary liability comes into play. Solidary liability, also termed "liability in solidum"2 but more commonly called "joint and several liability", describes situations where each of two or more concurrent wrongdoers is liable severally and all are liable jointly for the damage caused. For the principle to apply, each defendant must be found to have breached a duty of care and caused damage to the plaintiff. Solidary liability enables the plaintiff to take action against any one of the defendants and receive full compensation from that defendant. It is then up to that defendant, through the system of contribution, to seek to recover a share of the damages from any other liable defendant. A plaintiff may of course take action against more than one of the defendants,3 but it may be more convenient for the plaintiff to choose only one defendant and leave it to the defendants to sort out the issue of apportionment among themselves by way of contribution. Plaintiffs are not involved at the contribution stage: instead, the defendant against whom compensation has been recovered bears the responsibility for recovering contribution from the other defendants. In practice, however, rules of court ensure that the question of contribution is usually dealt with in the same proceedings as the plaintiff's original action. |
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19 mins
37 mins
5195 days confidence: 
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| Reference: here's the hidden reference of the answer chosen Reference information: 25 Contribution between persons liable for the same damage JOINT AND SEVERAL OR SOLIDARY LIABILITY 2.1 When a person is injured as a result of someone else s (a defendant s) negligence, the defendant is liable to pay the injured person (the plaintiff) damages calculated as the amount needed to put the person back into the position they would have been in but for the injury. 1 Damages are assessed by reference to the magnitude of the plaintiff s loss, not by reference to the magnitude of the defendant s fault. Once it is established, on the balance of probabilities, that the defendant s breach of duty caused the plaintiff s injury, then the defendant is liable for the full loss. So, for example, a defendant who causes damage to a Rolls Royce will be required to pay far more by way of damages than a defendant who, by exactly the same act of negligence, damages an old beaten up car. 2.2 Where there is more than one defendant, solidary liability comes into play. Solidary liability, also termed liability in solidum 2 but more commonly called joint and several liability, describes situations where each of two or more concurrent wrongdoers is liable severally and all are liable jointly for the damage caused. For the principle to apply, each defendant must be found to have breached a duty of care and caused damage to the plaintiff. Solidary liability enables the plaintiff to take action against any one of the defendants and receive full compensation from that defendant. It is then up to that defendant, through the system of contribution, to seek to recover a share of the damages from any other liable defendant. A plaintiff may of course take action against more than one of the defendants, 3 but it may be more convenient for the plaintiff to choose only one defendant and leave it to the defendants to sort out the issue of apportionment among themselves by way of contribution. Plaintiffs are not involved at the contribution stage: instead, the defendant against whom compensation has been recovered bears the responsibility for recovering contribution from the other defendants. In practice, however, rules of court ensure that the question of contribution is usually dealt with in the same proceedings as the plaintiff s original action. 1. This principle is known, with some inaccuracy, as restitutio in integrum. 2. The term in solidum has been adopted by the New Zealand, Law Commission, Apportionment of Civil Liability: A Discussion Paper (PP 19, 1992) at para 25 and Ontario Law Reform Commission, Report on Contribution Among Wrongdoers and Contributory Negligence (1988) at This is facilitated by modern rules of procedure which allow for the liberal joinder of parties: see B C Cairns, Australian Civil Procedure (4th edition, LBC Information Services, 1996) at 306 and http://docplayer.net/19286259-Contribution-between-persons-l... |
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