Legal Definitions - all and singular

All and singular

This legal phrase emphasizes that a group of entities or individuals is bound by an agreement, responsibility, or right both as a collective unit and that each member of that group is also bound or affected individually. It ensures that no one can claim exemption by arguing that only the group, or only individuals, were intended.

Here are some examples to illustrate this concept:

• Example 1: Business Partnership Agreement

  Imagine three business partners, Sarah, Tom, and Maria, signing a loan agreement for their new venture. The agreement states that "all and singular" the partners are responsible for repaying the loan. This means that the partnership as a whole is obligated to repay the debt. Additionally, if the business fails, the bank can pursue Sarah individually, Tom individually, or Maria individually for the full amount, not just their proportional share. It also means the bank could pursue all three together.

  How it illustrates the term: The phrase ensures that both the collective entity (the partnership) and each individual partner are fully and personally liable for the loan, preventing any partner from claiming only the business or other partners are responsible.

• Example 2: Property Maintenance Clause

  Consider a homeowners' association (HOA) agreement for a condominium complex. A clause might state that "all and singular" the unit owners are responsible for adhering to the community's aesthetic guidelines. This means the entire group of homeowners must collectively uphold the standards, for instance, by maintaining common areas. Furthermore, if one specific owner, Mr. Henderson, paints his front door a prohibited color, the HOA can hold him individually accountable and demand he repaint it, even though all other owners are also bound by the same rule.

  How it illustrates the term: The term clarifies that the responsibility for maintaining community standards rests with the entire body of homeowners, but also with each individual homeowner, allowing for enforcement against specific non-compliant individuals.

• Example 3: Inheritance and Estate Distribution

  In a will, a testator might declare that "all and singular" their personal belongings are to be distributed among their three children, Emily, David, and Lisa. This means that the entire collection of personal items (furniture, jewelry, art, etc.) is collectively designated for the children. It also implies that each child has a right to a share of these items, and the executor must ensure that the distribution process considers the interests of Emily individually, David individually, and Lisa individually, as well as the collective intent to pass the estate to them as a group.

  How it illustrates the term: The phrase ensures that the entire estate is passed to the group of children, while also acknowledging the individual rights and interests of each child in the distribution process.