contribution

contribution definition: how it applies in U.S. law, with examples and frequently asked questions.

Contribution is an important term in the fields of business and tort law.  Tort Law In the field of tort law, contribution refers to an action a defendant may bring in a joint and several liability jurisdiction to recover for damages they paid out but did not cause. In…

A guide to contribution

Contribution is an important term in the fields of business and tort law. 

Tort Law
In the field of tort law, contribution refers to an action a defendant may bring in a joint and several liability jurisdiction to recover for damages they paid out but did not cause. In a jurisdiction that follows joint and several liability, a negligent defendant is liable to pay damages for all harm suffered by the plaintiff, even if the negligence of other parties caused some of that harm.

After a plaintiff collects from a jointly and severally liable defendant, that defendant may initiate a separate lawsuit seeking contribution against the co-defendants. In this suit, the co-defendants will be required to pay damages in proportion to their blame for causing the injuries. 

For example, suppose that A and B negligently injure V. Suppose further that V successfully sues A and B for $100,000, that the jury finds A 10% responsible for V's injuries, and B 90% responsible. Because A and B are jointly and severally liable, V may collect the full $100,000 from A. A may then demand that B pay their share of the judgment - here, $90,000.

Ideally, allowing for contribution means that the ultimate outcome of a lawsuit in joint and several liability jurisdictions is the same as one in a several liability jurisdiction. In practice, however, contribution shifts the risk of insolvency from plaintiffs to defendants. 

Back to the example above where A is 10% responsible and B is 90% responsible: In a several liability jurisdiction, where negligent defendants are only liable for their proportionate share of damages, V can collect at most $10,000 from A and $90,000 from B. In the event that B is insolvent, the most V can collect is $10,000. In a joint and several liability jurisdiction, V will still collect $100,000 if B is insolvent, but A will lose an extra $90,000 because they can no longer obtain contribution. For an example of this concept in practice, see Walt Disney World v. Wood. 

Business Law
In business law, contribution may refer to a capital contribution, which is money or assets given to a business or partnership by one of the owners or partners. The capital contribution increases the owner or partner's equity interest in the entity. Capital contributions are not considered business income unless given in the form of a loan.

Contribution may also refer to a charitable contribution, which is money or assets given to a corporation organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes. Charitable contributions are tax deductible for up to one half of an individual's adjusted gross income, and up to ten percent of a corporation's taxable income.

Why contribution is relevant in U.S. law

contribution appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.

When and how contribution applies

In practice, contribution is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.

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Source: Cornell LII Wex CC BY-SA 2.5

This page is provided for general informational purposes only and does not constitute legal advice. Laws change and definitions can vary by jurisdiction. Consult a licensed attorney for advice on your specific situation.

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