Contribution Among Joint Tortfeasors

• Author: Jennifer Duncan-Brice
• Pages: 1267-1280

CONTRIBUTION: JOINT

TORTFEASORS

33-1

CHAPTER 33

CONTRIBUTION AMONG

JOINT TORTFEASORS

QUICK VIEW

Def‌inition: Contribution is the right of a tortfeasor who has discharged a common liability to recover from another

liable tortfeasor the amount paid in excess of his pro rata share.

Scope: Right of contribution, enforcement of contribution, effect of contribution on joint and several liability, and

plaintiffs’ rights; liability theories to which contribution does and does not apply; effects of settlement on the settling

tortfeasor and the non-settling tortfeasors; contribution against a plaintiff’s employer.

Statutes and Rules: 740 ILCS 100/1-100/5; 735 ILCS 5/13-204; 735 ILCS 5/2-1117.

Jury Instructions: IPI B45.03A, 600.01- 600.17

Related Topics: Statutes of Limitations, Ch 3; Settlement and Alternative Dispute Resolution, Ch 32.

TABLE OF CONTENTS

I. RIGHT OF CONTRIBUTION

§33:01 Introduction

§33:02 When Right of Contribution Exists

§33:03 Must Be Subject to Liability in Tort

§33:04 Suit by Third Party Against Employer for Contribution

II. ENFORCEMENT OF CONTRIBUTION

§33:10 Asserting an Action for Contribution

§33:11 Pleading a Right of Contribution

§33:12 Limitations Period

III. EFFECT OF CONTRIBUTION ACT ON JOINT AND SEVERAL LIABILITY

§33:20 Interplay of Rights

§33:21 Relationship Between Contribution and Joint and Several Liability

IV. CONTRIBUTION AND THEORIES OF LIABILITY

§33:30 Contribution Parties at Fault on Different Theories of Liability

§33:31 No Contribution for Intentional Torts

§33:32 Contribution Possible for Wanton and Willful Conduct