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REVISION FOR SCRUTINY . . . OF TENTATIVE DRAFT 1 1 (January 24, 1939)

handle is hein.ali/alicatact0008 and id is 1 raw text is: Revision for Sor'utiny of Exeutive Oommittee of the Coun*oil of Revision of Tentative Draft No, 1 of the Uniform Contribution Among Tortfesores Act, of the date of Janunxy 24, 1139. 1. Joint Tortfeasors Defined, For the purxoses of this Aot the trm tjoint tortfeeors means two or more persons jointly or severally liable in tort for the same injury to poison or property, whotter or not Judgment hes been reonvernd aGaInst all or come of them, 0 2. Right of Contribution; Accrual; Pro Rata Share. (1) The right of contribution exists among joint tortfeasors. (2) A Joint tortfcasor is not entitled to a money judgment for contribution until ho h~a by ptnyment dis- olhrGed the common liability or has paid more than his pro rata share thereof. (3) A settlement with the injured person by one of two or more joint tortfe .-ors does not entitle him to recover contribution from another whose liibility to the injured person is not extin;uished by the settlament. [(3)* fwhen there is such a disproportion of fault among joint tortfeasors as to render Inequitable an equal distribution among them of the common liability by con- tribut!on, the relative degrees of fault of the joint tortfeasors shall be considered in determinine their pro rata shares. Nlote: The director is to write to Major Tolman stnting the re.sons ,hioh led to the unanimous conclusion that the word shall rather than the word may be included. 5. Ju(Acment AeaInst One Tortfeaeor. The recovery of a jud6ment by the injured person against one of two or more joint tortfeasors does not dis- charge tho others.

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