Contribution Among Joint Tortfeasors

AuthorJennifer Duncan-Brice
Pages1267-1280
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

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