Latin for Lawyers

LIABILITY IN SOLIDO

LIABILITY IN SOLIDO Joint and several liability. The liability imposed upon joint obligors to a con tract or upon joint tortfeasors, i.e., persons who have joined in causing harm to the plaintiff through their negligence. Enables the plaintiff to sue and col lect in full from either or both the defendants; but plaintiff is not entitled to recover more from both together than the total of her actual damages. Some states have enacted legislation adjusting the liability among joint tort feasors who are not responsible equally for the injuries to the plaintiff. LIABILITY INSURANCE A contract of insurance under which the insurer agrees to defend and indem nify the insured in a stated sum against claims for injury or loss to others caused by the non-criminal acts of the insured. As part of its contract, the insurer usually selects the attorney who will defend against the third party's claims. Liability insurance does not cover losses by the insured himself; but standard auto policies provide both liability insurance and coverage for prop erty damage to the vehicle of the insured. LIABLE [L. ligare / to bind, tie together] Obligated in law or equity. Answerable for. Obliged to respond or pay after commission of a wrong or the assumption of a debt. Responsible for a contin gency or risk which is likely to occur, or for damages or a penalty. LIBEL [L. libellus / a little book, a short declaration or memorandum] A defamatory statement expressed in writing, printing, pictures, art, or signs. Any statement that injures the reputation of another. Any accusation or attri bution in writing or art which holds a person up to ridicule or exposes him to public contempt, shame or ridicule. LIBELLANT/ LIBELLEE The libellant is the plaintiff in an action for libel. Also, the plaintiff in a divorce proceeding. The libellee is the defendant in either proceeding. LIBEL PER QUOD An ambiguous or imprecise statement which requires proof to render it defa matory or injurious to the reputation of another. A statement may not be libel lous on its face but may be shown to damage the reputation of a person by virtue of the special circumstances or conditions under which it is uttered. A statement may be so ambiguous as to be capable of two interpretations, one libellous and the other not; only testimony and proof will establish whether a libel has occurred.

220