Contribution Among Joint Tortfeasors

• Author: Jennifer Duncan-Brice
• Pages: 449-462

33-449

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

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