Separate Liability

/ˈsɛpəˌreɪt ˌlaɪəˈbɪləti/

Definitions

  1. (n.) A type of liability where each party is independently responsible for their own obligations or debts, separate from other parties' liabilities.
    Each partner in the firm bore separate liability for the debts they individually incurred.
  2. (n.) Liability that is distinct and not shared among multiple parties, often arising in joint tortfeasor or co-obligor contexts where responsibility is divided rather than joint and several.
    The court found that the defendants held separate liability for their respective roles in the accident.

Commentary

Separate liability distinctly allocates responsibility to each party, contrasting with joint liability where obligations may be collectively enforced. Precise drafting is essential to clarify divisions of responsibility.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

Draft confidently with Amicus

Create, negotiate, and sign agreements in one secure workspace—invite collaborators, track revisions, and keep audit-ready records automatically.

Open the Amicus app