Contribution Among Joint Tortfeasors

AuthorJennifer Duncan-Brice
Chapter 33
contriBution among Joint
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.
I. Right of Contribution
§33:01 Introduction
§33:02 When Right of Contribution Exists
§33:03 Must Be Subject to Liability in Tort
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 Rights of Plaintiffs Unaffected
§33:21 Relationship Between Contribution and Joint and Several Liability

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