Court Confirms Pierringer Agreements Do Not Remove Joint And Several Liability

Pierrenger agreements were previously discussed in a blog written by Dale Orlando and Brock Turville. For more information on Pierringer agreements please go here.

Another name for a Pierrenger agreement is a BC Ferry agreement. The only difference between the two is the cases that they derive their names from – Pierringer v Hoger and British Columbia Ferry Corp. et. al. v T&N plc. et. al. At their core, they are the same type of agreement. More specifically, in these types of agreements, a Plaintiff settles with some Defendants and maintains their claim against the non-settling Defendants for the total loss attributable to the collective fault of the non-settling Defendants. Over the years, a disagreement as to whether a Pierrenger agreement would extinguish joint and several liability amongst the non-settling Defendants has arisen.