What Social Policy Justifies the Retention of the Doctrine of Joint

question 26

Essay

What social policy justifies the retention of the doctrine of joint and several liability?

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Definitions:

Repudiation

The rejection or denial of the validity of a contract, claim, or other obligations, implying an intent not to fulfill the terms.

Breach of Contract

The failure, without legal excuse, to perform any promise or obligation stated in a contract, which may entitle the other party to legal remedies such as damages.

Hochster v. De La Tour

A landmark English contract law case establishing that a party may sue for anticipatory breach as soon as the other party unequivocally indicates that they will not perform the contract.

Substituted Contracts

Agreements that replace and satisfy the obligations of a previous contract, often used to revise terms or settle disputes.