A solitary obligation may be defined as one in which two or more debtors owe the same thing to the same creditor.
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It’s Kinds:
English law recognises three distinct kinds of solitary obligation, viz., several, joint and joint and several.
ADVERTISEMENTS:
Solitary obligations are several; when there are as many rights of action and obligations with respect to the same debts as there are debtors, cache of whom is bound for the whole of the obligation.
But a performance by one of the debtors necessarily discharges all the others also, though release of one of the debtors by the creditor otherwise than by payment will not operate as discharge of others. When two or more co-sureties guarantee the same debt independently of cache other, it is an example of solitary obligation which is several.
Solitary obligations are joint when there is only one obligation and one cause of action, though there are two or more debtors. The subject-matter or the thing owed is the same. The principal debtor and a surety signing the same bond is an example of solitary obligation which is joint. All the debtors are discharged by anything which discharges any one of them.
Solitary obligations are joint and several when for some purpose law treats the obligations as joint, while for others it treats as several. Contractual obligation which is expressly made joint and several by the agreement of the parties is an example of a solitary obligation which is joint and several.