Under the joint and severally liable theory, if there are three defendants and defendant 1 goes bankrupt, then defendants 2 and 3 are:
A) Each liable for one-third of the amount.
B) Each liable for one-half the amount.
C) Both liable for the full amount, although each only has to pay half assuming both can pay.
D) None of the above.

Question

Quizplus · Accepted Answer

Under the joint and severally liable theory, each defendant is individually responsible for the entire amount of damages. Therefore, if one defendant goes bankrupt or cannot pay their share, the other defendants are still responsible for the full amount. In this case, defendants 2 and 3 would both be liable for the full amount, although they may only have to pay half each assuming they can both pay.

Under the Joint and Severally Liable Theory, If There Are