Home Q&A Forum Who's liable for contracts in a joint venture?

Business Contracts

Joint Venture Agreement

North Carolina

Asked on Apr 11, 2023

Who's liable for contracts in a joint venture?

I'm a small business owner looking to start a joint venture with another business. We have discussed the terms of the venture and are ready to move forward, but I want to make sure that I understand who is responsible for which contracts. I'm concerned that if either party fails to fulfill their contractual obligations, I need to know who will be held liable.

Answers from 1 Lawyer

Answer

Business Contracts

North Carolina

Answered 1062 days ago

N'kia N.

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Licensed in North Carolina
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May 9, 2023

Typically, liability for each party to a joint venture is determined by the joint venture agreement itself. However, if the joint venture agreement is not sufficient to establish liability or there is no agreement, the law imputes "per capita" (per head) liability. For example, in a joint venture that involves three separate individuals and/or entities, each venturer bears one-third of the total liability. For this reason, joint venturers commonly register a separate entity such as a limited liability company ("LLC"). Hope this helps!

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