TITLE 10

Courts and Judicial Procedure

Special Proceedings

CHAPTER 63. UNIFORM CONTRIBUTION AMONG TORTFEASORS LAW


For the purposes of this chapter, "joint tortfeasors'' means 2 or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.

47 Del. Laws, c. 151, § 1; 10 Del. C. 1953, § 6301.;

(a) The right of contribution exists among joint tortfeasors.

(b) A joint tortfeasor is not entitled to a money judgment for contribution until he or she has by payment discharged the common liability or has paid more than his or her pro rata share thereof.

(c) A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.

(d) When there is such a disproportion of fault among joint tortfeasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tortfeasors shall be considered in determining their pro rata shares.

47 Del. Laws, c. 151, § 2; 48 Del. Laws, c. 301, § 1; 10 Del. C. 1953, § 6302; 70 Del. Laws, c. 186, § 1.;

The recovery of a judgment by the injured person against 1 joint tortfeasor does not discharge the other joint tortfeasors.

47 Del. Laws, c. 151, § 3; 10 Del. C. 1953, § 6303.;

(a) A release by the injured person of 1 joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasor unless the release so provides; but reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.

(b) A release by the injured person of 1 joint tortfeasor does not relieve the 1 joint tortfeasor from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person's damages recoverable against all the other tortfeasors.

47 Del. Laws, c. 151, §§ 4, 5; 10 Del. C. 1953, § 6304; 70 Del. Laws, c. 186, § 1.;

This chapter does not impair any right of indemnity under existing law.

47 Del. Laws, c. 151, § 6; 10 Del. C. 1953, § 6305.;

(a) Third-party practice under this chapter shall be as provided by rule of court except as provided in this section.

(b) A pleader may either:

(1) State as a cross-claim against a coparty any claim that the coparty is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant; or

(2) Move for judgment for contribution against any other joint judgment debtor, where in a single action a judgment has been entered against joint tortfeasors 1 of whom has discharged the judgment by payment or has paid more than his or her pro rata share thereof.

If relief can be obtained as provided in this subsection no independent action shall be maintained to enforce the claim for contribution.

(c) The court may render such judgments, 1 or more in number, as may be suitable under the provisions of this chapter.

(d) As among joint tortfeasors against whom a judgment has been entered in a single action, § 6302(d) of this title applies only if the issue of proportionate fault is litigated between them by cross-complaint in that action.

47 Del. Laws, c. 151, § 7; 10 Del. C. 1953, § 6306; 70 Del. Laws, c. 186, § 1.;

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.

47 Del. Laws, c. 151, § 9; 10 Del. C. 1953, § 6307.;

This chapter may be cited as the "Uniform Contribution Among Tortfeasors Law.''

47 Del. Laws, c. 151, § 10; 10 Del. C. 1953, § 6308.;