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

10 Del. C. § 6304 (2026)

Release of 1 joint tortfeasor

✓ current as of May 2026
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(a) A release by the injured person of 1 joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasor unless the release so provides; but reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.

(b) A release by the injured person of 1 joint tortfeasor does not relieve the 1 joint tortfeasor from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person’s damages recoverable against all the other tortfeasors.

47 Del. Laws, c. 151, §§  4, 5;  10 Del. C. 1953, §  6304;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 19 cases (6 in the last 5 years), 1961–2025 · leading case: Clark v. Brooks, 377 A.2d 365 (Del. Super. Ct. 1977).
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Clark v. Brooks, 377 A.2d 365 (Del. Super. Ct. 1977). · cites it 6× “I Plaintiff contends that the release of the employer does not release the employee, particularly in view of 10 Del.C. § 6304, which provides that a release of one tort-feasor does not release another tortfeasor except to the extent of the consideration for the release.”
Laborers Local 1298 Annuity Fund Ex Rel. Rite Aid Corp. v. Grass, 146 F. Supp. 2d 706 (E.D. Pa. 2001). “In accordance with otherwise applicable federal and state law (including, without limitation, 10 Del. C. § 6304(b) and 42 Pa. Cons.Stat.”
Farrall v. AC & S. CO., INC., 586 A.2d 662 (Del. Super. Ct. 1990). · cites it 2× “The fact that defendant has failed to assert or proved a share of fault for certain released tort-feasors does not accord special treatment *669 or benefit for amounts paid by those released tortfeasors.”
Penn Mut. Life Ins. v. Norma Espinosa 2007-1 Ins. Trust, 70 F. Supp. 3d 628 (D. Del. 2014). “242) The Espinosa Trust asserts: “The Release executed by Penn Mutual in favor of Brasner does not provide for a judgment credit to the non-settling defendants to the extent of Brasner’s pro rata *634 share, as required under 10 Del C. § 6304(b) to bar a contribution claim.”
Gentry v. Wilmington Trust Co., 321 F. Supp. 1379 (D. Del. 1970). “On the day set for trial plaintiffs settled their claims against Spring Lock, Approved Ladder, and Wilmington Trust and executed a joint tortfeasors release, pursuant to 10 Del.C. § 6304. The Court must now determine (1) whether personal jurisdiction exists over Werner and (2)…”
Lutz v. Boas, 176 A.2d 853 (Del. Ch. 1961). “It is so provided in 10 Del.C. § 6304(a). Thus, Dr. Rice's total liability for the management fees in the sum of $1,129,451.”
Winkler v. Balentine, 254 A.2d 849 (Del. 1969). “Ballentine as is provided in 10 Del.C. § 6304(b).” Before the trial commenced, Balentine’s attorney advised the Trial Court that, by reason of the settlement and release, he did not intend to remain and he sought leave to withdraw from the trial.”
ING Bank, FSB v. Am. Reporting Co., 859 F. Supp. 2d 700 (D. Del. 2012). “10 Del. C. § 6304(a). Joint-tortfeasors are defined as “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.”
In Re Mindbody, Inc. Stockholder Litig. (Del. Ch. 2023). · cites it 4× “27 10 Del. C. § 6304(a). 6 The Non-Settling Defendants ask that the court apply DUCATA to reduce the total damages award in the amount of the $27 million settlement consideration.”
Neylon v. Zabel (Del. Super. Ct. 2020). · cites it 2× “® In the Release, Johnston expressly denies any liability and incorporates 10 Del. C. § 6304(b).? Neylon underwent surgery by Eric Johnson, M.”
Carter v. Principe (Del. Super. Ct. 2019). “There is no basis in Delaware’s UCATA or Delaware common law 8 10 Del. C. §6304. 9 859 F.supp.zd 700 (D.”
New Enter. Assocs. 14, L.P. v. Rich (Del. Ch. 2023). “, 10 Del. C. § 6304; Clark v. Brooks, 377 A.”
Show all 19 citing cases →
— 10 Del. C. § 6304(a) — 8 cases
Clark v. Brooks, 377 A.2d 365 (Del. Super. Ct. 1977). “I Plaintiff contends that the release of the employer does not release the employee, particularly in view of 10 Del.C. § 6304, which provides that a release of one tort-feasor does not release another tortfeasor except to the extent of the consideration for the release.”
Farrall v. AC & S. CO., INC., 586 A.2d 662 (Del. Super. Ct. 1990). “The fact that defendant has failed to assert or proved a share of fault for certain released tort-feasors does not accord special treatment *669 or benefit for amounts paid by those released tortfeasors.”
Lutz v. Boas, 176 A.2d 853 (Del. Ch. 1961). “It is so provided in 10 Del.C. § 6304(a). Thus, Dr. Rice's total liability for the management fees in the sum of $1,129,451.”
ING Bank, FSB v. Am. Reporting Co., 859 F. Supp. 2d 700 (D. Del. 2012). “10 Del. C. § 6304(a). Joint-tortfeasors are defined as “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.”
In Re Mindbody, Inc. Stockholder Litig. (Del. Ch. 2023). “27 10 Del. C. § 6304(a). 6 The Non-Settling Defendants ask that the court apply DUCATA to reduce the total damages award in the amount of the $27 million settlement consideration.”
— 10 Del. C. § 6304(b) — 7 cases
Laborers Local 1298 Annuity Fund Ex Rel. Rite Aid Corp. v. Grass, 146 F. Supp. 2d 706 (E.D. Pa. 2001). “In accordance with otherwise applicable federal and state law (including, without limitation, 10 Del. C. § 6304(b) and 42 Pa. Cons.Stat.”
Penn Mut. Life Ins. v. Norma Espinosa 2007-1 Ins. Trust, 70 F. Supp. 3d 628 (D. Del. 2014). “242) The Espinosa Trust asserts: “The Release executed by Penn Mutual in favor of Brasner does not provide for a judgment credit to the non-settling defendants to the extent of Brasner’s pro rata *634 share, as required under 10 Del C. § 6304(b) to bar a contribution claim.”
Farrall v. AC & S. CO., INC., 586 A.2d 662 (Del. Super. Ct. 1990). “The fact that defendant has failed to assert or proved a share of fault for certain released tort-feasors does not accord special treatment *669 or benefit for amounts paid by those released tortfeasors.”
Winkler v. Balentine, 254 A.2d 849 (Del. 1969). “Ballentine as is provided in 10 Del.C. § 6304(b).” Before the trial commenced, Balentine’s attorney advised the Trial Court that, by reason of the settlement and release, he did not intend to remain and he sought leave to withdraw from the trial.”
Neylon v. Zabel (Del. Super. Ct. 2020). “® In the Release, Johnston expressly denies any liability and incorporates 10 Del. C. § 6304(b).? Neylon underwent surgery by Eric Johnson, M.”
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