Also known as:contribution doctrine · contribution
Written by attorneys · grounded in primary & secondary sources — see below
A right that arises when two or more persons become liable in tort to the same person for the same harm. One tortfeasor who discharges the entire claim by paying more than an equitable share may recover the excess from the others.
Sources & Authorities
How it applies
Common Examples
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Political Contribution for Engagement
A law firm partner at Dawson Steel donates heavily to a city council member's campaign. The firm is later selected for a lucrative government contract the council member controls. The contribution triggers scrutiny under professional conduct rules because it was made to obtain the legal work.
Separate Harms from Independent Acts
Darrell Duncan and Dolores Diaz each pollute different sections of the same river while operating separate factories. Because the resulting harms are distinct and a reasonable basis exists to divide responsibility, each faces liability only for the portion each caused.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Hornbooks
Denise Donovan forms Dakota Industries as an LLC and contributes capital to it. When the company incurs a large debt, a creditor cannot reach Denise personally simply because she made the contribution or acted as a member.
LLP Partner Liability Protection
Dorothy Daniels joins a limited liability partnership that incurs obligations after the LLP election. A creditor cannot hold Dorothy personally liable for those obligations merely because she is a partner or made capital contributions to the firm.
Trust Creditor Reaching Settlor Contribution
Destiny Davis creates an irrevocable trust and contributes property to it. A creditor of Destiny may reach only the maximum amount that can be distributed to her from the portion of the trust attributable to her own contribution.
Limited Partner Liability Shield
Delilah Duran invests as a limited partner in Diamond Manufacturing and participates in some management decisions. A creditor of the partnership cannot hold Delilah personally liable for partnership debts solely because of her status or her capital contribution.
Common questions
Frequently Asked
4
When does the right of contribution arise among joint tortfeasors?+
The right arises when two or more persons become liable in tort for the same harm. One who pays more than an equitable share may recover the excess from the others.
Does a member of an LLC face personal liability for company debts by making a capital contribution?+
No. The debt remains solely that of the company. A member is not personally liable by reason of being a member or by making a contribution.
Can a creditor reach trust assets attributable to a settlor's contribution in an irrevocable trust?+
Yes, but only up to the maximum amount distributable to or for the settlor's benefit from the portion of the trust that came from that settlor's contribution.
What limits a partner's personal liability in a limited liability partnership?+
A partner is not personally liable for partnership debts incurred while the partnership is an LLP solely by reason of being a partner or acting as a partner.
421 U.S. 397, 95 S. Ct. 1708, 44 L.Ed.2d 251, 1975 AMC 541 (1975), on remand 522 F.2d 1381, 1975 AMC 1508 (2nd Cir. 1975)Admirality Law
…which party was more at fault. See 4 R. Marsden, British Shipping Laws, Collisions at Sea §§ 119-147 (11th ed. 1961); Staring, Contribution and Division of Damages in Admiralty and Maritime Cases, 45 Calif. L. Rev. 304, 305-310 (1957). But England has long since abandoned the rule[^maj-5] and now follows the Brussels Collision…