Del. Code 10, § 6302 : Courts And Judicial Procedures — Uniform Contribution Among Tort-Feasors Law — Right of contribution; accrual; pro rata share

2 Sep 2016

Current through 2016 Legislative Session, Act 399

(a) The right of contribution exists among joint tort-feasors.
(b) A joint tort-feasor 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 tort-feasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tort-feasor whose liability to the injured person is not extinguished by the settlement.
(d) When there is such a disproportion of fault among joint tort-feasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tort-feasors shall be considered in determining their pro rata shares.
Del. C. § 6302
47 Del. Laws, c. 151, § 2; 48 Del. Laws, c. 301, § 1; 10 Del. C. 1953, § 6302; 70 Del. Laws, c. 186, § 1.;