Del. C. » Title 10 — Special Proceedings · CHAPTER 63. Uniform Contribution Among Tortfeasors Law · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 6302 (2026)

Right of contribution; accrual; pro rata share

✓ current as of May 2026
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(a) The right of contribution exists among joint tortfeasors.

(b) A joint tortfeasor 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 tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.

(d) When there is such a disproportion of fault among joint tortfeasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tortfeasors shall be considered in determining their pro rata shares.

47 Del. Laws, c. 151, §  2;  48 Del. Laws, c. 301, §  1;  10 Del. C. 1953, §  6302;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 20 cases (5 in the last 5 years), 1967–2026 · leading case: BP Amoco Chem. Co. v. Sun Oil Co., 166 F. Supp. 2d 984 (D. Del. 2001).
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BP Amoco Chem. Co. v. Sun Oil Co., 166 F. Supp. 2d 984 (D. Del. 2001). · cites it 5× “§ 9105(a); (iii) contribution under the Delaware Uniform Contribution Among Tort-feasors Law (“UCATL”), 10 Del. C. § 6302; (iv) express indemnification or contribution under agreements between the parties; (v) negligence; and (vi) breach of contract.”
New Zealand Kiwifruit Mktg. Bd. v. City of Wilmington, 825 F. Supp. 1180 (D. Del. 1993). · cites it 2× “Under the contribution statute, codefendants would only be entitled to any amount they may be required to pay to the plaintiff beyond their pro rata share, 10 Del C. § 6302(b) states: A joint tort-feasor is not entitled to a money judg±ent for contribution until he has by…”
BP Amoco Chem. Co. v. Sun Oil Co., 200 F. Supp. 2d 429 (D. Del. 2002). · cites it 2× “§ 9105(a); (in) contribution under the Delaware Uniform Contribution Among Tortfeasors Law (“UCATL”), 10 Del.C. § 6302; (iv) express indemnification or contribution under agreements between the parties; (v) negligence; and (vi) breach of contract.”
ICI Am., Inc. v. Martin-Marietta Corp., 368 F. Supp. 1148 (D. Del. 1974). · cites it 3× “It is well established in this circuit that the right to contribution among joint tortfeasors in diversity cases is a substantive right which is controlled by state law.”
Clark v. Brooks, 377 A.2d 365 (Del. Super. Ct. 1977). “9 ULA 230-1; 10 Del.C. § 6302. However, the Act also abolished the harsh common law rule which barred an injured party who had released one tortfeasor from liability for the injury from pursuing an action against another tortfeasor for any additional damages which the party’s…”
Lichtenstein v. MBNA Am. Bank, N.A. (In Re Comput. Personalities Sys., Inc.), 284 B.R. 415 (Bankr. E.D. Pa. 2002). “See also 10 Del. C. § 6302. Accordingly, contribution is only available to tort-feasors who have made payment to a plaintiff for wrongdoing to that plaintiff.”
Fehlhaber v. Indian Trails, Inc., 45 F.R.D. 285 (D. Del. 1968). · cites it 2× “10 Del.C. §§ 6302(b), 6306(b) (2). . See also Falciani v.”
Halperin ex rel. GFES Liquidation Trust v. MOR MGH Holdings, LLC (In re Green Field Energy Servs., Inc.), 554 B.R. 315 (Bankr. D. Del. 2016). “In the Third-Party Complaint, Defendants charge GE with aiding and abetting their alleged wrong doing and ask for contribution from GE under the Delaware Uniform *318 Contribution Among Tortfeasors Law (“DUCATL”), 10 Del. C. § 6302. ARGUMENT GE asserts numerous bases for the…”
Kantlehner v. United States, 279 F. Supp. 122 (E.D.N.Y 1967). “10 Del.Code Ann. § 6302 (1933). 4 . Md.Ann.”
Royal Car Wash Co. v. Mayor & Council of W., 240 A.2d 144 (Del. Super. Ct. 1968). “ington for damages on account of physical injuries, death or injury to property by reason of the negligence of the Mayor and Council of Wilmington or any of its departments, officers, agents or employees thereof, unless the person by or on behalf of whom such claim or demand is…”
Gentry v. Wilmington Trust Co., 321 F. Supp. 1379 (D. Del. 1970). “10 Del.C. § 6302(c). If the settling defendants have a right to claim over against Werner, it must be on a theory other than contribution.”
Washington House Condo. Ass'n of Unit Owners v. Daystar Sills, Inc. (Del. Super. Ct. 2017). “See also 10 Del. C. § 6302(b) (“A joint tortfeasor 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.”
Show all 20 citing cases →
— 10 Del. C. § 6302(a) — 7 cases
ICI Am., Inc. v. Martin-Marietta Corp., 368 F. Supp. 1148 (D. Del. 1974). “It is well established in this circuit that the right to contribution among joint tortfeasors in diversity cases is a substantive right which is controlled by state law.”
BP Amoco Chem. Co. v. Sun Oil Co., 166 F. Supp. 2d 984 (D. Del. 2001). “§ 9105(a); (iii) contribution under the Delaware Uniform Contribution Among Tort-feasors Law (“UCATL”), 10 Del. C. § 6302; (iv) express indemnification or contribution under agreements between the parties; (v) negligence; and (vi) breach of contract.”
BP Amoco Chem. Co. v. Sun Oil Co., 200 F. Supp. 2d 429 (D. Del. 2002). “§ 9105(a); (in) contribution under the Delaware Uniform Contribution Among Tortfeasors Law (“UCATL”), 10 Del.C. § 6302; (iv) express indemnification or contribution under agreements between the parties; (v) negligence; and (vi) breach of contract.”
Schmelz v. Martone (Del. Super. Ct. 2019).
In Re Mindbody, Inc. Stockholder Litig. (Del. Ch. 2023).
— 10 Del. C. § 6302(b) — 4 cases
New Zealand Kiwifruit Mktg. Bd. v. City of Wilmington, 825 F. Supp. 1180 (D. Del. 1993). “Under the contribution statute, codefendants would only be entitled to any amount they may be required to pay to the plaintiff beyond their pro rata share, 10 Del C. § 6302(b) states: A joint tort-feasor is not entitled to a money judg±ent for contribution until he has by…”
BP Amoco Chem. Co. v. Sun Oil Co., 166 F. Supp. 2d 984 (D. Del. 2001). “§ 9105(a); (iii) contribution under the Delaware Uniform Contribution Among Tort-feasors Law (“UCATL”), 10 Del. C. § 6302; (iv) express indemnification or contribution under agreements between the parties; (v) negligence; and (vi) breach of contract.”
Fehlhaber v. Indian Trails, Inc., 45 F.R.D. 285 (D. Del. 1968). “10 Del.C. §§ 6302(b), 6306(b) (2). . See also Falciani v.”
Washington House Condo. Ass'n of Unit Owners v. Daystar Sills, Inc. (Del. Super. Ct. 2017). “See also 10 Del. C. § 6302(b) (“A joint tortfeasor 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.”
— 10 Del. C. § 6302(c) — 2 cases
BP Amoco Chem. Co. v. Sun Oil Co., 166 F. Supp. 2d 984 (D. Del. 2001). “§ 9105(a); (iii) contribution under the Delaware Uniform Contribution Among Tort-feasors Law (“UCATL”), 10 Del. C. § 6302; (iv) express indemnification or contribution under agreements between the parties; (v) negligence; and (vi) breach of contract.”
Gentry v. Wilmington Trust Co., 321 F. Supp. 1379 (D. Del. 1970). “10 Del.C. § 6302(c). If the settling defendants have a right to claim over against Werner, it must be on a theory other than contribution.”
— 10 Del. C. § 6302(d) — 3 cases
New Zealand Kiwifruit Mktg. Bd. v. City of Wilmington, 825 F. Supp. 1180 (D. Del. 1993). “Under the contribution statute, codefendants would only be entitled to any amount they may be required to pay to the plaintiff beyond their pro rata share, 10 Del C. § 6302(b) states: A joint tort-feasor is not entitled to a money judg±ent for contribution until he has by…”
Fehlhaber v. Indian Trails, Inc., 45 F.R.D. 285 (D. Del. 1968). “10 Del.C. §§ 6302(b), 6306(b) (2). . See also Falciani v.”
In re Columbia Pipeline Grp., Inc. Merger Litig. (Del. Ch. 2024).
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