Legal Definitions - conjunctim et divisim

The Latin phrase conjunctim et divisim translates to "jointly and severally." When parties are bound "conjunctim et divisim," it means that each individual party is fully responsible for the entire obligation, and all parties together are also fully responsible for the entire obligation. This legal principle gives the party to whom the obligation is owed the flexibility to pursue the full amount from any one of the responsible parties, or from all of them collectively.

Here are some examples to illustrate this concept:

• Business Loan: Imagine three business partners, Sarah, Tom, and Uma, take out a $500,000 loan for their new venture. The loan agreement specifies that they are liable for the debt conjunctim et divisim. If the business struggles and defaults on the loan, the bank can demand the entire $500,000 from Sarah alone, even if Tom and Uma are also partners. Sarah cannot tell the bank to only collect one-third of the debt from her; she is individually responsible for the full amount. She would then have to seek contributions from Tom and Uma for their shares.

• Apartment Lease: Consider two college roommates, Alex and Ben, who sign a lease for an apartment. The lease agreement states they are conjunctim et divisim liable for the rent and any damages. If Ben decides to move out unexpectedly in the middle of the lease term and stops paying his share of the rent, the landlord can demand the entire month's rent from Alex. The landlord does not have to chase Ben for his portion; Alex is fully responsible for the whole amount due to the "jointly and severally" clause. Alex would then have to pursue Ben to recover his share of the unpaid rent.

• Construction Project Liability: A homeowner hires two contractors, Company A and Company B, to complete different but interconnected parts of a major renovation. Due to a critical error that both companies contributed to, the homeowner's property suffers significant water damage. A court finds both Company A and Company B conjunctim et divisim liable for the $150,000 in repair costs. This means the homeowner can choose to collect the entire $150,000 from Company A, or from Company B, or from both. The homeowner does not have to determine each company's exact percentage of fault to collect; they can recover the full amount from whichever company is easier to pursue, and that company would then be responsible for seeking reimbursement from the other.