Can a promise be construed as several?
Alberta, Canada
The following excerpt is from Bayker Construction Ltd. v. Earnscliff Investments Ltd., 1985 CanLII 1410 (AB QB):
For a promise to be construed as several, it must be shown that each party individually and separately covenanted to pay the sum mentioned. The guarantee in the present case contains no words indicating individual separate obligations such as "each" or "for himself for the whole and entire sum", nor are there any words restricting the liability of each guarantor to one-half of the cumulative sum (Vide Collins v. Prosser (1823), 107 E.R. 250).
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