| 单词 | Joint and several promises |
| 释义 | 共同及各別的承諾 In contract law, a promise which arises when two and more persons in the same instrument jointly promise to do the same thing and also severally make separate promises to do the same thing. Joint and several liability gives rise to one joint obligation and to as many several obligations as there are joint and several promisors: Chitty on Contracts (28th Ed) Vol 1, para 18-003. In the case of joint and several promise, when one of the promisors dies, his several liability passes to his personal representative, whilst in the case of joint promises, the liability would pass not to his personal representative but to the surviving promisor. In addition, a judgment against one promisor would not bar a joint and several action against another promisor: Chien Ngan Sang v Lai Kam Hing & Anor HCA [2002] 1 HKLRD B5 (CFI). See also Co-promisee; Co-promisor; Joint and several liability; Joint promise; Several promise. 合約法中，同一文書中兩個或以上的人就作出某項作為而訂立共同承諾及各別承諾。「共同及各別承諾」產生一項共同義務，及多項各別義務（視乎共同及各別承諾者的數目）：Chitty on Contracts (第28版) 第1冊，第18-003段。就「共同及各別承諾」而言，凡一位承諾者逝世，其各別責任會轉予其遺產代理人；但就共同承諾而言，其責任會轉予尚存的承諾者，而非其遺產代理人。此外，針對一名承諾者的判決不會禁制針對另一名承諾者而提出的共同及各別訴訟：Chien Ngan Sang v Lai Kam Hing & Anor HCA [2002] 1 HKLRD B5 (CFI)。另見 Co-promisee; Co-promisor; Joint and several liability; Joint promise; Several promise。 |
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