Tortfeasors Act, 1951

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Contribution between tortfeasors.

5.—(1) Where—

(a) two or more persons are liable as tortfeasors for an injury occasioned by a tort, and

(b) judgment for damages in respect of the injury has been recovered against any one or more of those tortfeasors, and

(c) any tortfeasor (in this section referred to as the claimant) has paid any sum on foot of any such judgment, and

(d) an apportionment order under section 4 of this Act has not been made,

the following provisions shall have effect—

(i) the claimant shall be entitled to recover from any other tortfeasor (in this section referred to as the contributor) contribution in respect of the sum so paid whether the contributor has or has not been sued in respect of the said injury;

(ii) the amount of contribution so recoverable shall be such amount as is reasonable having regard to all the circumstances and, in particular, to the extent to which the claimant and the contributor and the other tortfeasors (if there be any such) were respectively responsible for the injury and to the amount (if any) which the contributor has already paid to the injured person on foot of a judgment for damages in respect of the injury and to the amount (if any) which he has already been adjudged liable under this section to contribute to any other tortfeasor in respect of the injury;

(iii) the amount of the contribution may, in a proper case, be such as to afford to the claimant a complete indemnity against liability for the injury;

(iv) no contribution shall be recoverable under this section by the claimant from the contributor where the contributor is entitled to be indemnified by the claimant in respect of liability for the injury;

(2) The references in subsection (1) of this section to damages shall be construed as including references to costs.