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Delaware Laws | Title 10 Courts and Judicial Procedures
CHAPTER 63. UNIFORM CONTRIBUTION AMONG TORT-FEASORS LAW
Sec. 6302. Right of contribution; accrual; pro rata share.

(a) The right of contribution exists among joint tort-feasors. (5598)

(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. (5599)

(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. (5600)

(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. (5601)

(47 Del. Laws, c. 151, Sec. 2; 48 Del. Laws, c. 301, Sec. 1; 10 Del. C. 1953, Sec. 6302; 70 Del. Laws, c. 186, Sec. 1.) (5602)

Sec. 6303. Judgment against one tort-feasor. (5603)(Text)

The recovery of a judgment by the injured person against one joint tort-feasor does not discharge the other joint tort-feasors. (5604)

(47 Del. Laws, c. 151, Sec. 3; 10 Del. C. 1953, Sec. 6303.) (5605)

Sec. 6304. Release of 1 joint tortfeasor. (5606)(Text)

(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)

Sec. 6305. Indemnity. (5610)(Text)

This chapter does not impair any right of indemnity under existing law. (5611)

(47 Del. Laws, c. 151, Sec. 6; 10 Del. C. 1953, Sec. 6305.) (5612)

Sec. 6306. Third-party practice. (5613)(Text)

(a) Third-party practice under this chapter shall be as provided by rule of court except as provided in this section. (5614)

(b) A pleader may either (1) state as a cross-claim against a coparty any claim that the coparty is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant; or (2) move for judgment for contribution against any other joint judgment debtor, where in a single action a judgment has been entered against joint tort-feasors one of whom has discharged the judgment by payment or has paid more than his or her pro rata share thereof. If relief can be obtained as provided in this subsection no independent action shall be maintained to enforce the claim for contribution. (5615)

(c) The court may render such judgments, one or more in number, as may be suitable under the provisions of this chapter. (5616)

(d) As among joint tort-feasors against whom a judgment has been entered in a single action, subsection (d) of Sec. 6302 of this title applies only if the issue of proportionate fault is litigated between them by cross-complaint in that action. (5617)

(47 Del. Laws, c. 151, Sec. 7; 10 Del. C. 1953, Sec. 6306.) (5618)

Sec. 6307. Uniformity of interpretation. (5619)(Text)

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it. (5620)

(47 Del. Laws, c. 151, Sec. 9; 10 Del. C. 1953, Sec. 6307.) (5621)

Sec. 6308. Short title. (5622)(Text)

This chapter may be cited as the "Uniform Contribution Among Tort-Feasors Law." (5623)

(47 Del. Laws, c. 151, Sec. 10; 10 Del. C. 1953, Sec. 6308.) (5624)

Courts and Judicial Procedure Special Proceedings (5625)

CHAPTER 65. DECLARATORY JUDGMENTS (5626)(Text)

Sec. 6501. Power of courts; form and effect of declaration. (5627)(Text)

Except where the Constitution of this State provides otherwise, courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect, and such declaration shall have the force and effect of a final judgment or decree. (5628)

(Code 1935, Sec. 4685A; 46 Del. Laws, c. 269, Sec. 1; 10 Del. C. 1953, Sec. 6501; 63 Del. Laws, c. 63, Sec. 1.) (5629)

Sec. 6502. Power to construe. (5630)(Text)

Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder. (5631)

(63 Del. Laws, c. 63, Sec. 1.) (5632)

Sec. 6503. Construction of contract before or after breach. (5633)(Text)

A contract may be construed either before or after there has been a breach thereof. (5634)

(63 Del. Laws, c. 63, Sec. 1.) (5635)

Sec. 6504. Persons entitled to declaration of rights or legal relations in respect to trust or estate of decedent. (5636)(Text)

Any person interested as or through an executor, administrator, trustee, guardian or fiduciary, creditor, devisee, legatee, heir, next-of-kin or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, a person mentally ill or insolvent, may have a declaration of rights or legal relations in respect thereto: (5637)

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