Delaware Code
10 Del. C. § 6301 (2026)
Definition
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For the purposes of this chapter, “joint tortfeasors” means 2 or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.
47 Del. Laws, c. 151, § 1; 10 Del. C. 1953, § 6301;Notes of Decisions
Cited in 26
cases (3 in the last 5 years), 1961–2024 · leading case: In Re Bank of Am. Corp. Sec., Derivative, & Emp. Ret. Income Sec. Act (ERISA) Litig., 757 F. Supp. 2d 260 (S.D.N.Y. 2010).
In Re Bank of Am. Corp. Sec., Derivative, & Emp. Ret. Income Sec. Act (ERISA) Litig., 757 F. Supp. 2d 260 (S.D.N.Y. 2010). “Under Delaware law, the right of contribution is governed by the Uniform Contribution Among Tort-feasors Law, 10 Del.Code Ann. § 6301, et seq. The “inherent requirement” of a claim for contribution “is that the parties are joint tortfeasors who share a ‘common liability.”
380544 Canada, Inc. v. Aspen Tech., Inc., 544 F. Supp. 2d 199 (S.D.N.Y. 2008). “…for the same injury to person or property, whether or not judgment has been recovered against all or some of them.” 10 Del. C. § 6301.”
New Zealand Kiwifruit Mktg. Bd. v. City of Wilmington, 825 F. Supp. 1180 (D. Del. 1993). “10 Del.C. § 6301 et seq.; McLean v. Alexander, 449 F.”
Wenatchee Wenoka Growers Ass'n v. Krack Corp., 576 P.2d 388 (Wash. 1978). “§ 43-1002; 10 Del. Code Ann. § 6301; Haw. Rev. Stat.”
Diamond State Tel. Co. v. Univ. of Delaware, 269 A.2d 52 (Del. 1970). “This comes about by reason of 10 Del.C. § 6301, a part of the Uniform Joint Tortfeasor’s Contribution Act, which requires that in order to enforce contribution, joint tortfeasors must be liable to the same person asserting the claim.”
Clark v. Brooks, 377 A.2d 365 (Del. Super. Ct. 1977). “Brook and Blackshear and that they were acting as employees of Medical Center in this matter.”
Lichtenstein v. MBNA Am. Bank, N.A. (In Re Comput. Personalities Sys., Inc.), 284 B.R. 415 (Bankr. E.D. Pa. 2002). “See 10 Del. C. §§ 6301, 6302; 42 Pa.C.S.A. §§ 8322, 8324.”
ICI Am., Inc. v. Martin-Marietta Corp., 368 F. Supp. 1148 (D. Del. 1974). “” 10 Del.C. § 6301. 3 Whether the Delaware substantive right of contribution may be asserted in a federal court by one joint tortfeasor against another by way of a third-party complaint is a procedural matter which is governed by F.”
Fehlhaber v. Indian Trails, Inc., 45 F.R.D. 285 (D. Del. 1968). “In Delaware, the right to contribution among joint tortfeasors is embodied in 10 Del. C. § 6301 et seq., 4 which has been interpreted by the Delaware Courts to provide that while the right to contribution attaches at the time of the negligence, the right to secure a money…”
Hood v. McConemy, 53 F.R.D. 435 (D. Del. 1971). “Wilson suggests that his negligence, if any, was in dismissing the lawsuit; while McConemy’s negligence was in the alleged delay and mishandling which resulted in the dismissal. These allegedly constitute separate wrongs, and the two defendants are, therefore, not joint…”
Ianire v. Univ. of Delaware, 255 A.2d 687 (Del. Super. Ct. 1969). “Delaware has adopted the Uniform Contribution Act, which provides, inter alia: For the purposes of this chapter, "joint tort-feasors” means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been…”
Lutz v. Boas, 176 A.2d 853 (Del. Ch. 1961). “I might add that the parties tacitly agree that the Delaware statute is applicable to this type of litigation assuming, as I have decided, that the Delaware law controls.”
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