Legal Definitions - in solidum

The Latin legal term in solidum refers to a situation where multiple parties are each individually responsible for the entire amount of a debt, obligation, or judgment, rather than just their proportionate share. This means that the party owed (the creditor) can demand the full amount from any one of the responsible parties. If one party pays the entire obligation, they may then have a right to seek contributions from the other responsible parties, but this does not affect the creditor's initial right to collect the whole sum from any single one of them. It is often understood as "jointly and severally liable."

Here are some examples illustrating how in solidum liability works:

• Business Loan Co-Signers: Imagine two business partners, Maria and David, co-sign a loan for $100,000 to expand their bakery. The loan agreement specifies they are liable in solidum. If the bakery faces financial difficulties and defaults on the loan, the bank can demand the entire $100,000 from either Maria or David, regardless of any internal agreement they had about splitting profits or losses. If Maria pays the full amount, she would then have a separate claim against David for his share, but the bank's right to collect the whole sum from either of them remains unaffected.
• Multiple Defendants in a Negligence Case: Consider a scenario where a city and a private construction company are both found negligent for failing to properly secure a construction site, resulting in injuries to a pedestrian. A court might rule that the city and the construction company are liable in solidum for the pedestrian's damages. This means the injured pedestrian can collect the full amount of the awarded damages from either the city or the construction company. The pedestrian does not have to pursue each party for a portion of the damages. If the city pays the entire judgment, it might then sue the construction company for contribution, but the pedestrian's claim is satisfied by payment from either party.
• Co-Tenants on a Lease: Suppose three college students, Emily, Noah, and Olivia, sign a lease for an apartment, and the lease agreement states they are liable in solidum for the rent. If one month's rent of $1,500 is not paid, the landlord can demand the full $1,500 from any one of the three students. The landlord is not obligated to chase each student for their individual $500 share. If Emily pays the entire $1,500 because Noah and Olivia failed to pay their parts, Emily would then be responsible for seeking reimbursement from Noah and Olivia for their respective shares.