Delaware Laws - Title 10 Courts and Judicial Procedures
Sec. 6304. Release of 1 joint tortfeasor.

Sec. 6304. Release of 1 joint tortfeasor. (5606)(1-click HTML)

(a) A release by the injured person of one joint tort-feasor, whether before or after judgment, does not discharge the other tort-feasor unless the release so provides; but reduces the claim against the other tort-feasors 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. (5607)

(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. (5608)

(47 Del. Laws, c. 151, Sec.Sec. 4, 5; 10 Del. C. 1953, Sec. 6304; 70 Del. Laws, c. 186, Sec. 1.) (5609)


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