The principle of solidary liability provides that the creditor of an amount due by more than one debtor may claim the full amount due to a single debtor. Such liability shall, except in cases provided by law, be clearly indicated in the contract.
Thus, section 1525 C.C.Q. provides that in cases where an obligation is contracted for the service or carrying on of an enterprise, there will be solidary liability between debtors, who will have to bear all losses and distribute them equally between themselves. For example, a tour operator and an airline are presumed to be solidarily liable and a breach of their obligations such as a delay in the scheduled timetables will lead to their solidary liability . In the same vein, the travel agent who uses an advertising brochure of which he is not the author, takes responsibility for its content, and becomes solidarily liable for the provision of the services advertised . However, a professional order and a religious group do not fall within the meaning of enterprise, as defined in the Civil Code, thus making the rules of solidary liability inapplicable to them by virtue of the law.
With respect to the remaining contractual situations where the presumption of solidarity does not apply, it must be provided for in a clear and precise manner. In this regard, it is important to mention that the term ” endorser ” did not result in the establishment of solidary liability, as determined by the case law .
Solidary liability is a valuable tool, in particular to protect the creditor in the event that a creditor becomes insolvent or has become difficult to reach. Consequently, it is important to be cautious before concluding that it is not necessary to provide for it in a contract.
